
i .fj7j'd 



Glass. 

Book ^r {j\i 



ecisions 



RELATING TO THE 



liooi Lai?^ ox Colorado 



COMPILED UNDER THE DIRECTION OF 

KATHERINE M. COOK 

.STATE SUPERINTENDENT OF PUBLiC INSTRUCTION 

JUNE 9, 1910 




THE SMITH-BROOKS COMPANY, STATE PRINTBRS 
DENVER. COLORADO 



Decisions 



RELATING TO THE 

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Scnool Ljorw ox Colorado 

6'' '7 ^""' 

fry:- 

COMPILED UNDER THE DIRECTION OF 

KATHERINE M. COOK 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 

JUNE 9, 1910 




1910 

THE SMITH-BROOKS COMPANY, STATE PRINTERS 

DENVER, COLORADO 



D. OF 0. 

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To the County and City Superintendents mid School Directors: 

This compilation contains, in substance, the most important 
supreme court decisions relating to school matters, and the 
official opinions Of this department. They are arranged hj sub- 
jects, the sections numbered according to the Revised Statutes, 
and the index refers to the subjects by sections. The references, 
such as No. 98, A 198, are to the decisions rendered since the year 
1907, and may be found in the files of this department. 

The decisions and suggestions, I trust, will be helpful to you 
in the discharge of your official duties. 




State Superintendent of Puhlic Instruction. 
June 9, 1910. 



TABLE OF CONTENTS 



Constitution ^ 5 

Alcoholic Drinks and Narcotics 8 

Appeals 9 

Bonds 11 

Certificates , 14 

Compulsory Education 20 

County Superintendent 24 

County Treasurer 31 

Deaf and Blind School 34 

Directors 35 

Districts 67 

Elections 78 

Electors _. 84 

Examinations 89 

Flags 93 

Funds 95 

High Schools 103 

Holidays and School Year 110 

Kindergartens 112 

Normal Institutes 113 

Public Contracts • 115 

Public Schools 116 

School Census 120 

State Board of Education 122 

State Normal School 123 

State Superintendent of Public Instruction 124 

Taxes 97 

Teachers . ., ' 126 

Truant Schools 135 



CONSTITUTION. 



ARTICLE VII. 

SUFFRAGE AND ELECTIONS. 



1. Citizenship. 



Section 2146 provides, in addition to above, that such person shall 
reside in this state one year, immediately preceding the election at v/hich 
he offers to vote; in the county, ninety days; in the city or town, thirty 
days; and in the ward or precinct, ten days; and section 5919 provides that 
to vote at school election, the elector must live in the school district thirty 
days. 

Wife of alien %v}ien naturalized. 

1. The wife of an alien becomes naturalized upon the naturaliza- 
tion of her husband, and is a citizen, as the term is used in the school law. 

2. A foreign woman who marries a citizen of the United States 
becomes herself a citizen, and in Colorado becomes a qualified elector. 

6. Electors only eligible to office. 

Qualification of elector. 

1. In addition to other qualifications, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

2. The length of residence required in Colorado to constitute eligi- 
bility to the office of school director is twelve months. 

3. The fact that two members of a school board are of one familJ^ 
and the further fact that another member became a resident of the dis- 
trict for the sole purpose of becoming an officer, so long as he is an actual 
resident, would not affect the regularity of the organization of the board. 

4. There is nothing in the laws of Colorado to prevent a person who 
fills the office of district judge from also filling that of school director, 
the two offices belonging to an entirely different class. 

5. The fact that an elector is not a taxpayer does not disqualify 
him from holding office, either by election or by appointment. 



ARTICLE IX. , 
EDUCATION. 
5. School fund — of what consists. 

When land loould escheat to the state and becovic part of the school fund. 

1. If a person dies intestate and has no heirs, if he has lands and 
owes no debts, or if there is sufficient other property to pay debts so 
as to have the land intact, unon proper procedure in court to determine 
the fact that there are no heirs, then the land would esclieat to the state 
and become part of the school land or fund. In case any funds remain 



CONSTITUTION. 

in the hands of an administrator after debts are paid, and there are no 
heirs, the money goes into the county treasury subject to the call of any 
heirs who may appear. 

7. Aid to sectarian schools forbidden. 

ProMMtion of the use of pudlic scJwol money for the teaching of sectarian 

doctrines. 

1. The constitution of Colorado prohibits the use of public school 
money for the teaching of sectarian tenets or doctrines. It is therefore 
unlawful for a board of directors to require a teacher to devote any part 
of any school day to religious instruction. 

8. Religious test forbidden — sectarian tenets — race, color. 

Directors determine use of Bible in schools. 

1. Neither the constitution of the state nor the statutes touch 
directly the reading of the Bible or prayer or any other form of religious 
or devotional exercises, except to forbid that observance or participation 
shall be compulsory. The spirit of the constitution permits religious 
exercises in school if nothing sectarian is introduced and the trustees do 
not object. The laws of the different states bearing on this point differ. 
In Iowa "neither the electors, the board of directors nor the sub-dir'^ctors 
can exclude the Bible from any school in the state." In Missouri, on the 
other hand, "the directors may compel the reading of the Bible." In 
Dakota "the Bible maybe read in school not to exceed ten minutes daily, 
without sectarian comment." In 1869 the Cincinnati board of education 
forbade the reading of the Bible in the public schools of that city. An 
appeal was taken to the courts, and in 1870 the superior court of Cin- 
cinnati decided against the board of education. In 1873 the supreme 
court of Ohio reversed this judgment and sustained the board of educa- 
tion. In delivering their opinion the judges "held that the management 
of the public schools being under the exclusive control of directors, 
trustees and boards of education," It rested with them solely to determine 
"what instruction should be given and what books should be read therein." 

2. The law of Colorado does not specify concerning the reading of 
the Bible in the public schools, the school boards of the state having the 
right to specify as to what shall be the practice in the matter. 

ARTICLE X. 

REVENUE. 



5. Exemption — lots — buildings for worship — schools. 

Church property not taxable — when. 

1. In case a district rents a class room from one of the churches 
of a town for school purposes, such renting would not make the church 
property taxable. 

:|c j: 4: ^ 4: if * 

13. Making profit on public money felony. 

School board can not loan district money. 
1. A school board can not legally loan the money of the district. 



CONSTITUTION. 

ARTICLE XI. 
PUBLIC INDEBTEDNESS. 
7. Loans for school buildings— vote — qualification. 

Dedt incurred must 6e liy a vote of electors. 

1. The constitution of Colorado prohibits the creation of a debt 
by loan for building purposes in any other way than by a vote of the 
electors. While a certificate of indebtedness can not be considered a 
loan, strictly speaking, the courts would probably construe it to be pro- 
hibited by the same constitutional provision when issued to cover a debt 
incurred by building. 



ARTICLE XIY. 

COUNTIES. 
10. Elector only eligible. 

Qualifications to be eligible to office. 

1, In addition to other qualifications, a person to be eligible to xLe 
office of county superintendent must have resided in the county n't lea«.t 
one year preceding his election. 

Not a taxpayer does not disqualify. 

2. The fact that an elector is not a taxpayer does not disqualify him 
from holding office, either by election or by appointment. 



15. Classifying counties as to fees. 

Qualification — ceases to be director lohen. 

1. The law I'equires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily follows 
that in order to remain such director, after election he must continue to 
reside therein, and when he permanently removes from the district, he 
ceases at that instant to be a director. 



Decisions Relating to tne School La^v 
or Colorado 



ALCOHOLIC DRINKS AND NARCOTICS. 



6011. Nature and effect of alcoholic drinks and narcotics be taught. 

Requires study of hygiene and physiology in schools. 

1. The act providing for the study of the nature of alcoholic drinks 
and narcotics, and their effect upon the human system, requires the study 
of physiology and hygiene in all the public schools throughout the state. 

6012. Officers enforce provisions of act — penalty for failure. 

Cigarettes. 

1. Section 4, page 66, Session .Laws 1891 (3 Mills' Rev., 411a), pro- 
vides, "It shall be unlawful for any person or persons to give or sell 
cigarettes to any person or persons under the age of 16 years." 

Section 1, page 131, Session Laws 1891 (3 Mills' Rev., 411b), also 
provides, "Any person who shall sell, give or furnish any tobacco, or 
articles made in whole or in part of tobacco to any child under 16 years 
of age without the written order of the father or guardian of such child, 
shall be fined not less than five dollars, nor more than one hundred dollars, 
, or imprisonment in the county jail not more than three months." 



APPEALS. 

6006. Appeal from county superintendent to state board of education. 

Appeal — when, hoio and by lohom taken. 

1. An appeal to the state board of education does not lie when made 
by any one other than a person or board of directors aggrieved -by an order 
or decision of the county superintendent. 

2. Any person or district board aggrieved by any decision of the 
county superintendent in a matter of law or fact, may, within thirty days 
of the rendition of such decision, appeal to the state board of education, 
full details in regard to such appeal being given. 

3. The I'emedy against unjust orders of the county superintendent is 
an appeal to the state board of education. 

4. It would not be considered good practice to allow one county 
superintendent to overrule the decision of the former county superintendent 
upon the same point. The proper procedure in this matter would have been 
for the persons' making the protest to have filed it in writing with the 
county superintendent and then appeal from his decision to the state board 
of education in accordance with section 6006 of the Annotated School 
Laws. However, as there is no record in your office of this protest having 
been made to the former county superintendent, it would be proper for 
you at this time t,o receive a written protest in regard to the same matters 
and pass upon the same, as in such case you would not be considered as 
passing upon the matter decided by a former superintendent. 

5. The appeal should be made to the county superintendent within 
thirty days after the decision of the ai'bitration committee (section 6006), 
and the basis of the proceeding shall be according to sections 6001 and 
6002, School Law. It is only after the decision of the county superin- 
tendent that an appeal may be made therefrom to the state board of 
education. 

• Ajopeal frovi grading examination papers. 

6. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superintendent 
to recognize examination papers prepared under the supervision of the 
county superintendent of another county. This is mere matter of comity, 
and is not sanctioned by law. Therefore, whenever a teacher appeals from 
the refusal of a county superintendent to accept such papers and mark 
them and issue a certificate thereon, the board of education has no other 
course than to dismiss the appeal. 

7. In case of appeal from the decision of county superintendent to 
the state board of education by an applicant for certificate at a regular 
examination, the certificate, if any, issued to said applicant upon such 
examination, should accompany the papers sent to the state board. 

8. Except in the case of a formally taken appeal from the action of 
a county superintendent in refusing to grant a certificate, the state board 
of education has no authority to pass upon the papers presented by an 
applicant at a teachers' examination. 

May continue school during pendency of appeal. 

9. A person holds a certificate that expires September 8. He begins 
school under contract on September 1. He fails to obtain a certificate 



APPEALS. 

in the examination held on August 29-30, and appeals to the state board of 
education. Held, that ke may continue his school during the pendency 
of an appeal. 

State board may order certificate issued. 

10. The state superintendent has no authority to grant a certificate 
to teach except when directed to do so by a vote of the state board of 
education in cases of appeal and of state examination. 

Appeal from change of boundary. 

11. In the absence of a showing to the contrary, it will be presumed 
that the county superintendent complied with the law in hearing and 
determining the appeal, and therefore that the change of boundary was 
properly made, but even in the absence of such showing, as these two 
districts have continued to exercise undisputed the prerogatives and enjoy 
the privileges of legally formed districts for a period of nearly twelve 
years, they will now be considered legally formed districts. 



10 



BONDS. 

DISTRICT. 

Qtialifications for voting on bonds. 
5942. Contracting of bonding indebtedness. 

7. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

8. If a person has paid any one year's school tax during the year 
immediately preceding the election regarding the question of refunding 
bonds, and is otherwise qualified, he is entitled to vote at such election. 

9. At a special meeting held for the purpose of voting upon the 
question of issuing bonds, the election judges have the right to require 
every one to swear in his vote, whether the vote is challenged or not, unless 
the voter presents his tax receipt. 

If real estate is in the names of both man and wife, even though the 
tax receipt shows but one name, both are legal voters. 

If a man has given his wife part of his real estate, but no deed has 
yet been given to the wife, even though she has paid taxes upon the same, 
she has not the right to vote. 

A person who has been assessed for taxes, but has as yet paid no 
taxes in the district, would not be entitled to vote. 

If property is in the wife's name, but the tax receipt is in the hus- 
band's name, the wife would have the right to vote, and not the husband. 

10. Any person not a taxpayer, but otherwise a legal voter, is entitled 
to vote at a regular or special district school meeting upon all matters 
coming before such meeting, except upon a proposition to contract a debt 
by loan. 

11. On the question of bonding a district, those electors have the 
right to vote "who have paid a school tax therein in the year next preced- 
ing the said meeting." The word "year" is construed to mean the twelve 
months immediately preceding the meeting or election. 

12. In the case of a woman and her husband, each owning property, 
the woman's property being real estate, and the county records showing 
that she is the bona fide owner of the property and pays the taxes, the 
fact that in listing the property of the husband and wife the assessor made 
only one list, and that in the husband's name, would not take away the 
right of the woman to vote at a school meeting called to vote upon bonded 
indebtedness; but the woman should be provided with a tax receipt or a 
certified statement from the county treasurer, showing that she has paid 
a tax for the year preceding the date upon which the question of the 
bonded indebtedness was decided. 

13. Voters who have paid a school tax within the year upon property 
which at the time of the tax was paid in another school district, but at the 
time they offered to vote on the question of issuing bonds was by annexa- 
tion in the district where they offered to vote, are legally qualified to so 
vote. 

14. Those legal voters of the district who have paid a school tax 
therein during the preceding year determine the amount of indebtedness 
to be created. 

15. In the last franchise election, it was held that all persons who 
paid a property tax were entitled to vote on the franchises. This includes 

11 



BONDS. 

a tax on both real and personal property, and ther^, Is no reason why the 
same rule should not apply to a school district bond election. 

County high school can vote bonds. 

Ifi. Having considered the relation in which the act of 1899 stands 
to the School Act, it appears evident that the general assembly intended to 
create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district and in the 
exercise of those powers given to school districts in the state. It is, there- 
fore, concluded that it has the right to issue bonds in accordance with the 
provisions of section 5977q of the School Act. 

Levy for the payment of interest in third class districts. 

17. In districts of the third class, the school board shall certify to 
the county commissioners a levy, not to exceed 15 mills, for the ordinary 
expenses of the school as provided in section 5925. In addition to this, 
the county commissioners shall make a special levy to pay the interest 
coupons on bonds when issued by the district. No. 79. 

18. A school district has no right to create a debt except through 
bonding the district in accordance with the provisions of section 5942, and 
the further provision that warrants may be issued before the funds to 
pay them are actually in the treasury; Provided only, That the total sum 
of such warrants does not exceed the revenue of the district for the year 
in which they were issued. 

19. In regard to the method of raising money to build a school 
building, the law pro-hibits the issuing of warrants in excess of the rev- 
enues of the district for the current year; therefore an arrangement for 
issuing warrants payable in one, two and three years, the qualifled voters 
to vote a levy to be collected in one, two and three years to pay the war- 
rants, would not- be legal. The voters have no authority to vote a levy 
except for the current year. It would, therefore, only be possible to raise 
the money by voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

Purposes for ivMch l>onds can not he voted. 

20. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

Certificate of indebtedness. 

21. The constitution of Colorado prohibits the creation of a debt by 
loan for building purposes in any other way than by a vote of the electors, 
While a certificate of indebtedness can not be considered a loan, strictly 
speaking, the courts would probably construe it to be prohibited by the 
same constitutional provision when issued to cover a debt incurred by 
building. 

22. There is no authority in law for issuing certificates of indebted- 
ness by school districts. However it is frequently done to tide over a 
difficult year. No. 78. 

Ballot box — when open. 

23. It is lawful for the ballot box for voting on the question of 
bonding the district to be open at the same time as the one for the election 

^of school officers. 

I7i consolidated districts. 

24. There is no statute, which makes several districts, consolidated 
under the act of 1909, liable for the bonded indebtedness of one of the 
districts. It seems that the property originally bonded will have to pay 
the indebtedness due. No. 77. 

12 



BONDS. 

Funding floating debts. 

25. A special election may be held for the purpose of submitting the 
question of bonding the district for funding floating debts within the limit 
specified in Section 5942. No. 27. 

In joint districts. 

26. Bonded indebtedness may be contracted by a joint district in 
just the same manner as by a single district; provided that the law is 
complied with in each county so as to have the taxes assessed upon all 
property in the district. A 116. 

5948. Change of boundaries not release property — annexed property. 

Lands not subject to tax. 

1. Lands to which title has not been obtained from the government 
at the time school bonds are issued by a district 6f which such lands 
form a part are not subject to tax for the paj'ment of such bonds. Hence, 
if said lands are set off or detached from the district before title is 
perfected, they are not subject to a bond tax in the original district when 
title is complete. 

Lands subject to tax. 

2. State or government lands occupied under contract of purchase, 
title having already been acquired and land deeded, are subject to assess- 
ment the same as other lands for the payment of bonds issued by the- 
school district of which they form a part, or such portion of said bands, 
if any, that remain unpaid; Provided, "That said lands were deeded 
before said bands had matured." 

3. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the 
original district. 



13 



CERTIFICATES. 



5994. Life of first grade certificate — renewal. 

1. The life of a first grade certificate is three years. Such certifi- 
cate may be renewed by the county superintendent in the county in which 
it was originally issued at the time, or immediately before its expiration. 

2. A first grade certificate can not be renewed if presented for 
renewal after the expiration of the time for which it was issued. 

3. A first grade certificate may be renewed, indefinitely, without 
examination, in a county in which it was originally, issued. 

4. A certificate can not be made to extend beyond the time for 
which it was originally given, save through renewal in the proper manner 
of a first grade certificate. 

5. A first grade certificate issued in one county can not be renewed 
by a county superintendent of another county, but he can issue one of 
like grade which shall not show standing nor be subject to renewal. 

6. In renewing a first grade certificate one of two practices should 
be observed. The certificate should be renewed for the full term for 
which the original was issued — that is, should be so renewed that the 
time should correspond with the date upon which the ariginal expires— 
or the recognition should simply be until the next examination. 

7. The fact that a teacher failed to pass the examination in another 
county would not affect the standing of the first grade already obtained 
by her. It is entirely optional with the county superintendent as to 
whether a first grade certificate shall be renewed or not. 

8. The law provides that a first grade certificate may be renewed 
by the county superintendent of the county in which it was issued. 
Since Adams County is a portion of that territory in which the certificate 
was issued, it may be renewed at the discretion of the county superin- 
tendent. 

Teachers of manual training. 

9. A manual training teacher, who does not hold a certificate in 
force in Colorado, can not legally draw his salary from the district treas- 
ury. There is a proviso in Section 5990, which relieves from the necessity 
of holding such certificates, those persons employed to teach music, draw- 
ing, or modern languages. No. 24. 

Reneioal optional tvitli county superintendent. 

10. As it is entirely discretionary with the county superintendent 
whether or not a first grade certificate shall be renewed or recognized by 
a "like grade," a first grade can not in any case be considered equivalent 
to a state certificate, which must be recognized in every part of the state 
during the life of the holder. 

11. The renewal of a certificate is optional with the county super- 
intendent; and he would be justified in refusing to renew or issue a like 

' grade certificate if he deemed it proper so to do. 

12. It is entirely optional with a county superintendent as to 
whether a first grade certificate shall be renewed or not. If renewed, it 
is for the full time for which it was originally issued. 

13. A county superintendent may renew her own certificate under 
the same conditions as other renewals are made. 

14 



CERTIFICATES. 

Endorsement of first grade certificate. 

14. The endorsement of a first grade certificate until the next exami- 
nation will not invalidate it in the county where issued. 

15. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this, or any other state, if the certificate be not in full 
force at the date of such endorsement. Should the board employ a teacher 
without a license to teach, all claim to compensation on the school fund 
for the term will be forfeited. 

16. A second grade certificate issued in another state or county and 
in force can be endorsed by the county superintendent until the next 
regular examination. A 7. 

17. A county superintendent may endorse a certificate from this or 
any other state until the next regular examination; Provided, That the 
certificate is in full force at the time of endorsement. No. A 147. 

Experience necessary for first grade certificate. 

18. There is no law concerning the practical experience in teaching 
to be considered in issuing a certificate of any grade except in the pre- 
scribed rules and regulations governing county examinations of teachers, 
which rules are sent fi'om this office. Rule 14 definitely states applicants 
for certificates of the first grade shall have taught successfully for at- 
least one year. 

19. The one year's successful teaching required for eligibility to a 
first grade certificate is not restricted to teaching in Colorado. 

20. The year's experience required for a first grade certificate is 
"construed to mean twelve months. 

21. There is no provision in the Colorado school law crediting 
teachers with a year's experience who have taught the blind, deaf, or 
mentally deficient, for one year. 

Duplicates. 

22. A duplicate first grade certificate, while in force, can be renewed 
just as if it were the original. 

23. The law makes no provision for the writing of a duplicate cer- 
tificate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained by a county superintendent to write 
a duplicate certificate in case the holder of the original gives proof of its 
being lost or destroyed. 

24. Regarding the issuance of a duplicate certificate, I would advise 
you to give one, providing the teacher makes a written statement regard- 
ing the loss of said certificate, so that your files may show that there was 
no irregularity in the granting of the duplicate. 

Life of second grade certificate. 

25. A second grade certificate is not good for eighteen months' 
teaching; it is simply in force for eighteen months from the date, upon 
which it was issued. 

Experience not necessary for second grade certificate. - 

26. I know of no law authorizing a county superintendent to refuse 
granting a second grade certificate to an applicant meriting the same, 
on account of an absence of experience in teaching. 

Second grade certificate can not he renewed. 

27. A second grade certificate can not be legally renewed, neither 
does the law make provision for the issuing of a certificate of like grade. 

15 



CERTIFICATES. 

Second grade certificate not changed without examination. ' 

28. It is not legal to change a second grade certificate to a first 
grade certificate, no matter wtiat the averages may be upon the certificate. 
It is absolutely necessary that the holder of said certificate should take 
an examination, making the grades required for a first grade certificate, 
to obtain such a certificate. 

Life of third grade certificate. 

29. The nine months specified in issuing a third grade certificate 
means that the certificate is valid nine months from the date of the 
examination upon which it was issued. It does not mean that it is good 
for nine months' teaching, no matter when the teaching may be done. 
The same rule holds good for the time specified upon a first or second 
gi'ade certificate. 

Third grade certificate — ivhen invalid. 

30. The clause "Provided, however. That no more than two cer- 
tificates of the same grade shall be issued to the same person," is inter- 
preted as referring to third grade certificates. 

31. A third grade certificate issued to one who has previously held 
two third grades is invalid. 

Lik^ grade certificates. 

32. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county superin- 
tendent. 

33. The county superintendent has the power to issue a like grade 
certificate upon a renewal of a first grade certificate issued in another 
county, that is. a renewal made bv the supeiintendent in the county in 
which the certificate was originally issued. There is nothing compulsory 
in regard to the issuing of a like grade certificate. If, in the judgment 
of the county superintendent to whom the certificate issued in another 
county is presented, it seems best that the applicant should take thf 
examination rather than iliat tlie renewed certificate shall be recognized 
by a like grade, he has absolute authority to do so. 

34. A like grade certificate can not be issued on a second grado 
certificate, though such second grade certificate has a first grade average. 

35. A like grade certificate is not renewable and expires at the 
time the original issuance of the certificate is ended, or at the time the 
renewal expires. 

36. It is not legal to issue a like grade on a second grade, as the 
law plainly states that a like grade certificate shall only be given in lieu 
of a first grade certificate in full force iss.ued in another county than that 
in which the school is to be taught. 

37. The School Law makes no provision for the issuing of a certifi- 
cate of like grade to the holder of a second or third grade certificate. 

38. A certificate of like grade from one county can not be endorsed 
by a county superintendent of another county, but if the first certificate 
upon which the like grade was issued is still in force another like grade 
certificate upon it can be issued in another county. 

39. The life of a like grade certificate is concurrent with that of 
the original in lieu of which it was issued. 

40. A like grade certificate may be issued in lieu of a first grade 
certificate which has been renewed in the county where issued. 

41. A like grade certificate may be issued in lieu of a first grade, 
even though the first grade show previous endorsement. 

42. A like grade certificate may be issued only to a person who is 
to teach in the county where such certificate is issued. 

16 



CERTIFICATES. 

Revocation of certificates. 

43. A certificate to teach can not be annulled or withdrawn from a 
holder without cause for so doing. This section especially provides for 
such cases. 

44. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of a 
district would not be lawful reason for revoking a certificate unless fraud 
of some kind could be shown. 

Applicant under age. 

45. Unless the applicant is eighteen years of age, it is not possible 
for the county superintendent to issue a legal certificate. No. A 198. 

46. A teacher's certificate may be revoked for immorality, incom- 
petency, drunkenness or like cause. The fact that a person who applies 
for a teacher's certificate is a person of bad habits, who beco-mes intoxi- 
cated, or is a gambler, would be sufficient reason to refuse to grant him 
a certificate. Positive proof, however, should be in the possession of the 
co'unty superintendent when taking such action. 

47. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in the 
courts a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., are 
the reasons that are usually given. 

48. If a certificate was obtained illegally, and the county superin- 
tendent has positive proof of the same, it would be sufficient reason for 
revoking it. 

College diploma not license to teach. 

49. A coilege graduate from another state is not exempt from the 
regular county, examination. 

50. A college diploma is not a license to teach in any public school 
in the state. Special examinations are not given or granted. A county 
teacher's certificate issued in a,ny other state may be recognized in case 
of emergency, providing that the certificate be in full force at date of 
endorsement. 

51. There is no law authorizing a county superintendent to issue 
a certificate to persons holding diplomas from schools in other states 
without requiring them to take the examination provided for by the laws 
of Colorado. No. 18. 

52. Any private school of Colorado, doing a legitimate business, may 
lawfully grant certificates or diplomas, indicating the work done by the 
students of the school. No. 63. 

Permits not granted. 

53. There is absolutely no authority in law for a temporary permit 
or certificate of any nature whatever. 

54. The laws of Colorado do not make it possible for a permit to 
teach to be granted to any teacher expecting to enter the public school 
work of this state. 

Expiration of. 

55. There is absolutely nothing that can be done in the case of an 
expired cei'tificate of any grade. A second grade certificate could not be 
renewed even if unexpired. The laws of Colorado do not pet-mit the 
endorsement of expired certificates; neither do they permit the "holding 
of special examinations. 

■ 17 



CERTIFICATES. 

From other counties — optional. 

56. There is nothing in the law to compel a county superintendent 
to recognize a teacher's certificate issued in any other county, even though 
a school board in the county superintendent's own county has engaged 
such teacher to da the school work in the district. 

Appeals from county superintendent. 

57. Except in the case of a formally taken appeal from the action 
of a county superintendent in refusing to grant a certificate, the state 
board of education has no authority to pass upon the papers presented 
by an applicant at a teacher's examinatio-n. 

58. In case of appeal from the decision of county superintendent 
to the state board of education by an applicant for certificate at a regular 
examination, the certificate, if any, issued to said applicant upon such 
examination, should accompany the papers sent to the state board. 

59. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

60. The state superintendent has no authority to grant a certificate 
to teach except when directed to do so by a vote of the state board of 
education in cases of appeal and of state examination. 

61. The state superintendent has no authority to issue a temporary 
certificate or a certificate of any nature whatever. A 32. 

62. The state superintendent has no authority whatever to waive 
in any manner the requirements of law for a license to teach, nor to 
grant a temporary certificate or permit, nor to, authorize a county super- 
intendent to grant such certificate or permit. 

63. A person holds a certificate that expires September 8. He 
begins school under contract on September 1. He fails to obtain a certifi- 
cate in the examination held in August and appeals to the state board 
of education. Held, that he may continue his school during the pendency 
of an appeal. 

64. When a certificate is revoked by a county superintendent such 
revocation takes effect on the day named by him, and the holder thereof 
can not lawfully teach during the pendency of an appeal to the state 
board of education. 

65. The state superintendent has no authority whatever to waive, 
in any manner, the requirement for the issuing a certificate to teach, 
nor to order a county superintendent to change the marking, unless the 
applicant appeals from the decision of the county supei-intendent to the 
state board of education. 

66. An offer to teach for unreasonably low wages is not a sufficient 
reason for refusing to grant a certificate. 

Of first class districts. 

67. In districts of the first class the school directors have entire 
charge of the examination of applicants for positions jn the schools of 
their district. 

68. Certificates issued by districts of the first class are valid only 
within such districts. 

69. In school districts of the first class the examination is conducted 
by the school board in such manner and at such times as the board may 

'determine. 

70. Since the law pro-vides that the certificates issued by the boards 
of districts of the first class must be of the same grades and under the 

.same conditions as those specified in sections 5991 and 5994 of the school 
law, it follows that equal requirements must be made in districts of the 
first class as in other districts, and the board would not have the right to 

18 



CERTIFICATES. 

exempt the candidates from examination in one or more of the subjects 
specified in section 5991 of the school law. 

71. Teachers' certificates issued by the board of directors of first 
class districts are reported to the county superintendent and a record 
kept of the same, but they are not renewed nor endorsed; therefore, no 
fee would be charged for the registration of said certificates. 

72. There is no law authorizing second and third class districts to 
hold examinations for teachers to be employed by such districts. 

73. The laws of Colorado do not give county superintendents the 
slightest authority to recognize district certificates in any way. Such 
certificates are valueless so far as entitling their holders to a right to 
teach in other schools of the county. Neither can examinations for 
teachers' certificates be taken at any time except as prescribed by law for 
public examination. 

74. According to this section the school board o'f a first class dis- 
trict has the right to conduct an examination in such manner and at 
such time as the board may determine; therefore it may decide to hold 
the examination on consecutive days, or on irregular days, as desired. 
The school board has the right to prepare its own questions used in this 
examination, or to authorize some person to prepare them. 

75. All first class districts have a right to' make their rules and 
regulations governing examinations for certificates and for any special 
line of work. 

76. School boards, in districts of the first class, have entire control 
of the examination and licensing of applicants to teach in their districts. 
They also have a legal right to renew certificates without examination. 

77. Until a first class district is fully organized, so far as its board, 
etc., is concerned, in conformity with the provisions of the law relating 
to first class districts, the board of the district would have no right to 
grant certificates to the teachers employed. Until the board was fully 
organized as a first class . board the teachers employed in the district 
should be I'equired to take the regular county examination. 

78. When a district of the first, class has issued district certificates 
in recognition of first grade county certificates, and one of the county cer- 
tificates is revoked by the county superintendent, assuming that the cer- 
tificate referred to was granted under the last clause of section 5994 of 
the state school law, the county certificate being taken as evidence of 
scholastic attainments instead of an examination being held upon which 
to grant the district certificate, and also that the county certificate was 
taken by the district board as satisfactory evidence of adequate training, 
etc., the revocation of the county certificate would not revoke the district 
board's certificate any more than it would if the board's certificate had 
been granted on some other evidence. 

79. In districts of the first class the board may issue certificates 
without examinations, to high school teachers who hold satisfactory evi- 
dence of adequate training for the work they are to do. In districts of 
the second and third class thej^ must pass the regular county examina- 
tion, and the examination shall extend to such additional branches of 
study as are to be pursued in the high school in which they are to teach. 



19 



COMPULSORY EDUCATION. 



541. Unlawful to employ children under fourteen during school — fines. 

Child must be taught in English. 

1. The demands of a compulsiory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Does not apply to deaf and Mind. 

2. Attendance is not compulsory at the state school for the deaf 
and blind. 

530. Children sent to school — exception — appeal. 

Applied to districts of all classes. 

1. Section 530, R. S. 1909, is in force in all school districts of all 
classes. No. 2. 

Laiv does not prohibit a pupil from being expelled. 

2. The compulsory attendance law does not prohibit a pupil from 
being expelled from public school, in proper cases. 

Parents can not avoid law by sending children, atoay. 

3. When a boy's parents live in a school district they can not avoid 
the provisions of the compulsory law by sending their son to another 
locality, the child and the parents being exactly as liable to the provisions 
of the law as if they were keeping him in town and he was not attending 
school. 

Demands of law not met by teaching German. 

4. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Instruction at hopie. 

5. The law provides that a child who does not attend the public 
school shall be taught at home in such branches as are usually taught 
in the public schools, subject to the same examinations as the pupils of 
the district in which the child resides. While the law states that the 
child should be instructed by some person qualified, nothing is given in 
regard to a legal qualification, such as obtaining a teacher's certificate. 
No. A 176. 

Instruction in private schools. 

6. The compulsory school law requires that children between the 
ages of eight and sixteen, attending a private school, should receive such 

20 



COMPULSORY EDUCATION. 

instruction as would be an equivalent to that given in tlie public sctiools. 
It is the duty of the truant officer to investigate such cases and require 
whatever statements may be necessary concerning the worlv. 

Board can not pay for private instruction. 

7. A school board can not legally contract for the work of instruct- 
ing high school pupils to be done by a private party or corporation and 
pay for' it out of public school funds. 

8. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any member so misappro- 
priating the funds of the district can be compelled by process of law to 
refund the money. 

9. There is no law authorizing the school board to pay from the 
school fund the board of children who do not live within the vicinity of 
the school. 

Meaning of terms "year'' and "court of competent jurisdiction.'" 

10. The term "year," used in the act entitled, "An act to secure to 
children the benefit of an elementary education," is defined tc mean the 
school year. And the term, "A court of competent jurisdiction," used in 
the same act, is defined to mean a justice, a county or a district court. 

543. Failure to comply with act — misdemeanor — penalty. 

Parents can not avoid law by sending children away. 

1. When a boy's parents live in a school district they can not avoid 
the provisions of the compulsory law by sending their son to another 
locality, the child and the parents being exactly as liable to the provisions 
of the law as if they were keeping him in town and he was not attending 
school. 

544. School director prosecute — failure — penalty. , 

Duties of directors. 

1. Under the act of 1889, it is made the duty of any school director 
of any school district in this state, to inquire into all eases of neglect of 
a parent, guardian or other person having control of any child or children 
between the ages of eight and fourteen years, to send such child or chil- 
dren to school for a period of at least twelve weeks in each year, and to 
prosecute any person guilty of such neglect. 

2. Any director of any school district wherein an offense is com- 
mitted under the act failing to prosecute the same after it shall be brought 
to his attention, may be deemed guilty of a misdemeanor, and upon con- 
viction thei'eof may be subject to a fine of not less than ten nor more 
than fifty dollars. 

3. School directors of third class district have the authority to 
inquire into all cases of neglect of duty in regard to sending children 
to school, as prescribed by law, and the school directors not only have 
the right to prosecute the perpetrator of the offense, but it is made the 
bounden duty of any director to do so within ten days after a written 
notice has been served on him by any taxpayer of said district. The case 
may be brought before any justice court. 

4. It is the duty of the school board to enforce the compulsory law. 

Complaint of its violation may be made by any elector of the district. 

• 

' 21 



COMPULSORY EDUCATION. 

5. Section 544, R. S. 1908, or same section School Laws '09, makes 
it the duty of all school directors to inquire into cases of children who 
are not attending school; and to prosecute all violations of the law in 
that respect; and further provides that school directors failing to do 
their duty accordingly may be fined for such failure. Section 534 Id. 
provides for the appointment of ti^uant officers in districts of the first 
and second classes. I know of no such provisions for other districts. 
Under section 536 Id. the school directors can make complaint in the 
county court against delinquent children, their parents or employers, and 
under the law secure the attendance of pupils in the schools. No. 32. 

Funds of district used to prosecute. 

6. The funds of the school district may be used to pay the expenses 
of procedure when it becomes necessary to compel parents to send chil- 
dren to school. 

545. Malicious prosecution. 

Meaning of the terms "year" and "court df competent jurisdiction." 

1. The term "year," used in the act entitled, "An act to secure to 
children the benefit of an elementary education," is defined to mean the 
school year. And the term, "A court of competent jurisdiction," used in 
the same act, is defined to mean a justice, a county or a district court. 

547. IVlinors between 14 and 16 must read and write — duty of employer — 
penalty. 

Demands of law not met ty teaching German. 

1. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that a child shall receive for the 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

533. Truant — who is — juvenile disorderly person. 

School directors must enforce law. 

1 It is the duty of the school board to enforce the compulsory 
law. Complaint of its violation may be made by any elector of the 
district. 

2. Under the act of 1889, it is made the duty of any school di- 
rector of any school district in this state, to inquire into all cases of 
neglect of a parent, guardian or other person having control of any child 
or children between the ages of eight and fourteen years, to send such 
child or children to school for a period of at least twelve weeks in 
each year, and to prosecute any person guilty of such neglect. 

3. Any director of any school district wherein an offense is com- 
mitted under this act, failing to prosecute the same after it shall be 
brought to his attention, may be deemed guilty of a misdemeanor, and 
upon conviction thereof may be subject to a fine of not less than ten nor 
more than fifty dollars. 

4. School directors of third class districts have the authority to 
inquire into all cases of neglect of duty in regard to sending children to 
school, as prescribed by law, and the school directors not only have 
the right to prosecute the perpetrator of the offense, but it is made the 
bounden duty of any directOK to do so within ten days after a written 

22 



COMPULSORY EDUCATION. 

notice has been served on him by any taxpayer of said district. The case 
may be brought before any justice court. 

Does not prohibit expulsion. 

5. The compulsory attendance law does not prohibit a pupil from 
being expelled from public school, in proper cases. 

534. Truant officer — duties — conviction of parent — penalty — bond — de- 
fense. 

Truant officers. 

1. The compulsory education law of 1899 applies to children in the 
state between the ages of fourteen and sixteen, who can not read and 
write the English language, or who are not engaged in some regular 
employment. 

Therefore, truant officers of the state are required to act with refer- 
ence to children between the ages of fourteen and sixteen, when the circum- 
stances demand, as with children under the age of fourteen; also, cou.nty 
courts are required by law to take jurisdiction of such cases. 

2. The compulsory School Law requires that children between the 
ages of eight and sixteen, attending a private school, should receive such 
instruction as would be an equivalent to that given in the public schools. 
It is the duty of the truant officer to investigate such cases and require 
whatever statements may be necessary concerning the work. No. A 167. 

Funds of district used to enforce law. 

3. The funds of the school district may be used to pay the expenses 
of procedure when it becomes necessary to compel parents to send children 
to school. 



23 



COUNTY SUPERINTENDENT. 



5877. Election — oath — bond — term of office. 

Qualifications. 

1. In addition to other qualifications, a person to be eligible to the 
office of county superintendent must have resided in the county at least 
one year preceding his election. 

2. If the county superintendent fails to turn over to the county 
treasurer moneys received by him as required by law, and also does not 
turn over to his successor the records of the office, the matter should be 
called to the attention of the county commissioners. They may, by law, 
proceed in the civil action for the recovery of any moneys due the county. 
No. 19. 

3. The county superintendent is also liable upon his bond for the 
improper performance of his duty. No. 19. 

5886. Compensation of county superintendents — office hours. 

Salary. 

1. Section 5977f, School Laws, 1909, makes the county superintend- 
ent a member of the county high school committee and secretary thereof. 
It is manifest, therefore, that any services rendered by a county superin- 
tendent as secretary of a county high school committee are performed by 
virtue of his office as county superintendent, and that the salary of such 
county superintendent is intended to cover any and all services so rendered 
by him. No. 71. 

2. A county superintendent need not give bond as secretary of the 
county high school committee, since his bond as county superintendent 
covers all obligations imposed upon him as an official. No. 71. 

Expenses, hoio paid. 

3. Section 5886 provides that all necessary blank books, stationery, 
postage, expressage, and other expenses of the county superintendent's 
office, not otherwise provided for, shall he paid for from the county fund. 

As to what might be considered necessary expenses other than those 
enumerated, would be a matter for the county commissioners to determine. 

5879. Deputy — hew paid. 

Deputy — compensation. 

1. A county superintendent may employ some one to do the work 
incidental to his office, the person thus employed to be remunerated by 
the county superintendent, except in counties of first class such assistant is 
paid from county treasury. 

2. Deputy county superintendents, except in counties of first class, 
can only receive a per diem, such as may be fixed by county superintendent 
and allowed by the county commissioners, and a failure to provide mileage 
leads to the conclusion that it was not intended that deputy superintendents 
should receive mileage at all. 

3. A county superintendent of a county of the first class may employ 
a deputy, whose salary shall be fixed by the board of county commissioners, 
and who shall be paid from the county treasury. 

24 



COUNTY SUPERINTENDENT. 

5881. Duties of county superintendents. 

Sale of school house — when void. 

1. A sale of a school house, unless authorized by vote of the electors 
of the district, is void and may be set aside in the proper proceedings 
instituted by any elector of the district or by the county superintendent. 

Separate reports sent — to whom. 

2. In a district where there are two schools, the district teachers 
should send in separate reports to the county superintendent and secre- 
tary. 

County superintendent may teach. 

3. There is nothing in the school law of this state to prevent a 
county superintendent from teaching in his county on account of his hold- 
ing that office. 

Duties. 

4. It is necessary to publish the apportionment made to each district 
in some newspaper published in your county within one week of the close 
of each school year. 

5. More than any other person, the coimty superintendent is the one 
to look after that portion of the school fund arising from fines, forfeitures, 
etc. (Section 115, school law.) He should examine the books of the county 
treasurers, records and fee books of justices of the peace and clerks of 
courts, to ascertain whether or not the fines have been collected, and if 
collected, whether they have been placed to the credit of the proper fund 
and paid over. 

Can refuse examination papers from another county. 

6. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superintendent 
to recognize examination papers prepared under the supervision of the 
county superintendent of another county. This is a mere matter of comity, 
and is not sanctioned by law. Therefore, whenever a teacher appeals from 
the refusal of a county superintendent to accept such papers and mark 
them and issue a certificate thereon, the board of education has no other 
course than to dismiss the appeal. 

Illegal expenditure of funds — protest — suit to recover. 

7. Any elector of the district or the county superintendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
license. 

Accounts. 

8. The county superintendent has the right to protest against the 
registering of a school warrant when he has reason to suspect fraud, and 
if he has proof of fraud in connection with the warrant, he has the same 
right as an elector of the district to bring proceedings to stop the payment 
of the warrant. 

9. It is the duty of the county superintendent to prevent any illegal 
expenditure of funds, and any citizen of the district may at any time after 
^ny illegal expenditure bring suit to recover the funds illegally expended. 

10. When funds are used in violation of the law, any elector of the 
district or any county superintendent has the right at any time after said 
funds have been so used, to bring suit to recover the same, the members 
of ths school board that signed the illegal warrants being liable for the 
amoimt involved. 

25 



COUNTY. SUPERINTENDENT. 

Powers. 

11. The county superintendent's signature is of no legal value in 
drawing warrants. 

12. As between school directors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection of 
books and grading of schools. 

13. A county superintendent has the right to demand the resignation 
of a member of a school board and to institute legal proceedings to remove 
an ofBcer of a school district who is persistentlj'- violating the law, and any 
elector of the district has the right to institute proceedings for the same, 
purpose. 

14. A county superintendent has no power whatever to remove a 
member of a school board under any circumstances, even though the tax- 
payers may petition the superintendent to make such remoVal. 

15. The courts alone have the power to remove a school officer who 
fails to do his or her duty. 

16. Where a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay the 
teacher for the same, as if she had taught school, although the school 
board would have the right to give the teacher such a day and pay her for 
it upon the request of the county superintendent. The right in the matter 
rests with the district board. 

17. The county superintendent is not authorized by law to appor- 
tion from the general school fund a per capita amount to a district high 
school for the pupils attending from other districts. No. 7. 

18. If the board of directors of a district refuse to grant a school, 
the county superintendent would have no power to compel it to do so. 
No. 58. 

19. If the school board is not informed as to cases of truancy, it is 
the duty of the county superintendent to take the matter up with the 
board. No. 21. 

20. It is not only the right but the duty of a county superintendent 
to visit the schools of a joint district. She would have equal right, in 
the criticism of the school, with the county superintendent in whose 
county the school house was located. A 100. 

21. It is not within the power of the county superintendent to 
declare an election illegal, as it is the function of the courts to determine 
that matter. No. 49. 

22. The county superintendent should not serve as a member of a 
school board; for the general rule of law is that one person can not hold 
two offices that are incompatible. No. 17. 

23.^ In section 5977f, School Laws, '09, the county superintendent is 
ex-officio secretary of the county high school committee; she is ex-officio 
a member of the union high school committees, as provided for in section 
5956, R. S. 1908. No. 1. 

5884. Appoint directors. 

Vacancies on board — how filled. 

1. The appointment of persons to fill vacancies in districts of the 
second and third classes is solely with the county superintendent. If a 
director is absent from his district 30 consecutive days, it is a valid 
reason for appointing his successor in office. 

2. Where a division of a school district places a member of the 
school board in the new district it works a vacancy in the board of the 
old district, and does not make such person a member of the board in 
the new district. A full board must be chosen in the new district and 

26 



COUNTY SUPERINTENDENT. 

all vacancies in the old district filled by appointment made by the qounty 
superintendent. 

3. Vacancies in school boards of the second and third classes must 
be filled by appointment made by the county superintendent, and the per- 
son so appointed holds the position until the next annual school election. 

4. If the annual election of school directors is not held, and a special 
election is not called within the required ten days thereafter, it then 
devolves upon the county superintendent to fill vacancies by appointment. 

5. The statutes give boards of directors of districts of the first class 
the entire authority to declare and fill vacancies, and with that authority, 
by necessary implication, goes the authority to declare vacancies, exclud- 
ing the idea that a county superintendent may have that authority. The 
county superintendent has no right whatever to hold that a vacancy exists 
in the board of a district of the first class until such vacancy has been 
declared by the board itself, or by the courts. 

6. In case a school district has not held its annual meeting to elect 
officers and vote a tax it becomes the duty of the county superintendent 
to appoint to the vacant positions, and the duty of the county commis- 
sioners to levy the tax for the district. This is in accordance with the 
latter part of section 5893 of the school law. 

Director must reside in district. 

7. The law requires that a person who desires to be a candidate 
for a school director must reside in the district, and it necessarily follows 
that in order to remain such director, after election he must continue to 
reside therein, and when he permanently removes from the district, he 
ceases at that instant to be a director. 

5885. Boundaries of school districts — record — prepare maps. 

Boundaries of district. 

1. District boundaries can only be established as specified in the 
school law; they can not be fixed by agreement on the part of members 
of the school boards. 

2. A county superintendent has not the right, after boundaries are 
established in a new district, to record "amended boundaries" for all 
the districts, upon his own motion, changing them from what they were 
at first. 

5939. County superintendent compare census list — ascertain number of 
blind and deaf mutes. 

Residence defined. 

1. A person's permanent residence is his voting place. 

2. Where a family resides regularly a part of the year in one dis- 
trict and a part of the year in another, the residence for school purposes 
should be the one held in good faith on the 10th day of April. 

3. The word "residing," as used in section 154, has reference to a 
permanent residence. 

4. If persorfs spend the winter in town, voting in the town in the 
fall and return to their homes in another district less than thirty days 
previous to a school election, they are not entitled to vote, since their 
action in voting in the November election is^ a declaration of their resi- 
dence in the town and in removing to another* district thirty days previous 
to a school election, even though they claim that as their home, they 
would not have gained the right to vote. 



27 



COUNTY SUPERINTENDENT. 

5. That place shall be considered and held to be the residence of a 
person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

A person shall not be considered or held to have lost his residence 
who shall leave his home and go into another state or territory or county 
of this state for temporary purposes merely, with the intention of returning. 

6. Residence under the school law means a person's real home, not 
a temporary abiding place. 

When people move into a town at the beginning of school, expecting 
to retui'n to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. 

7. If a person moves his family into a school' district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resident of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision 
of the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014) : 
"Effort has been made to guard against the precipitancy of non-residents 
to points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tuition 
as are actually residing in the district for other reasons, as a main pur- 
pose, than to participate in the advantages which the school affords." 

• 8. If a person is holding a homestead claim in good faith, he must 
retain his residence in the school district in which the homestead is 
located. 

9. The fact that a person pays taxes in two counties does not give 
him the right to send children to school in both districts in which the 
taxes are paid. A man's residence can only be in one place, and the place 
where the home is permanently located determines the district where the 
children have a right to attend school. 

10. In the case of a person, who had lived in a district for over a 
year and a half and who, after teaching six weeks in the district, went 
away for a certain time, expecting to return, if such a person claimed as 
his residence the district in which he had resided for over a year and a 
half, he would be entitled to vote in the district if possessed of the other 
legal qualifications. 

11. The residence of a bona fide homesteader is unon his homestead. 
His rights depend upon his domicile and are governed thereby. No. 76. 

Children's residence — where. ■ 

12. In the case of a family residing in good faith upon a home- 
stead on the 10th day of April, for the purpose of proving up on the 
same, the children of school age should be listed in the district in which 
the homestead is located, although the family may reside during the 
school months, for the purpose of attending school, in another school dis- 
trict. However, if the parents vote in the latter district, they are not re- 
siding upon the homestead in good faith, and in such case the children 
should be listed In the district where the parents vote. 

13. The residence of the parents or guardians determine the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

. 14. Those pupils who are entitled to attend school in a district 
without paying tuition ai^e those whose parents or guardians may legally 
claim the school district as their residence. 

15. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed to the 

28 



COUNTY SUPERINTENDENT. 

district in which the parents reside, and not in the district in which they 
attend school. 

16. In determining the residence for the pui'pose of talking school 
census, it matters not where the unmarried person of school age may be 
whose parents or guardian lives in the state, the residence of such person 
is fixed by the bona fide residence of the parent or guardian, and thi^ 
must be determined by the census enumerator. 

17. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

18. A child who is living with a bona fide resident of a district 
and dependent upon such resident for a living is entitled to attend school 
in such district free, though the parents of such child are living in an- 
other district. 

19. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

Minor^s residence — where. 

20. The residence of a minor is the, residence of his parents or 
guardian. 

21. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home, at school or at work 

22. Considerable difficulty is sometimes experienced in determining 
"bona fide" residence. The law defines the residence of an unmarried 
person of school age (that is, of a minor) "to be identical with the bona fide 
residence of the parent or guardian of such person; Provided, That such 
parent or guardian be a resident of the state." 

23. An emancipated minor has a right to declare his -residence, and 
is entitled to all the school privileges of the district of which he is, 
bona fide. a. resident. 

Renter's residence — lohere. 

24. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

25. If renters rent bv the month, leaving when school is out, and 
having a fixed home elsewhere, the children should be enrolled in the 
district where the fixed home is located. 

26. If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the district 
where they rent. 

27. If the mother votes in a cei'tain district, living there with the 
children, that would be her residence and the children should be enrolled 
in such district. 

Retain residence- — hoio. 

28. A person may retain his residence in a district, if, at the time 
of leaving the district, it was his intention to return. 

' 'Non-resident — who. 

29. A non-resident of a school district is one whose permanent 
■ dwelling place is not within the boundaries of that district. 



COUNTY SUPERINTENDENT. 

5888. Apportionment of county school fund. 

Transference of funds. 

1. If territory is added to a district after the annual census of 
that district has been taken, the names of persons of school age residing 
in the annexed territory should be added to the census list and the dis- 
trict given its per capita for such additional names. 

2. The laws do not permit the transference of the pro rata of the 
general fund to another district in case of pupils being listed in one 
district and immediately moving to an adjoining district. 

Basis of apportionment. 

3. According to the school law the county superintendent appor- 
tions the general fund among the districts According to the number of 
persons of school age, as shown by the census lists and reports of the 
districts for the school year immediately preceding. What the per capita 
will be depends upon the amount of funds in the treasury and the number 
of children within your county. 

5889. Apportionment of school fund — basis. 

For new district. 

1. In regard to the distribution of funds upon the creation of, a 
new district, a ruling or decision of the county superintendent should 
be taken thereon, and if interested parties are not satisfied an appeal 
can be taken, as provided in the school law. No. 74. 

Basis of apportionment of funds. 

2. The apportionment of the general school fund for the year begin- 
ning July 1st, annually, is based on the census list prepared, taken be- 
tween the 10th day of April and 1st of May preceding, and there is no 
excention to this rule, except in case of formation of new districts; nor 
is there any provision whereby this fund can be transferred from one 
district to another, after said census has been taken, although the pupils 
might remove from one district to the other. 

5890. Apportionment. 

Apportionments, when and hoio m,ade. 

1. There are only two apportionments of the school fund by the 
state superintendent during the year, one in January and one in July. 
Other apportionments, if any, are made by the county superintendents. 
(See sections 5887 and 5888.) 

2. The laws do not permit the transference of the pro rata of the 
general fund to another district in case of pupils being listed in one dis- 
trict and immediately moving to an adjoining district. 



COUNTY TREASURER. 



5900. Duties of county treasurer. 

Duties. 

1. Sections 5899-5906, Revised Statutes of Colorado, 1908, or the 
same sections School Laws, 1909, very clearly set forth and describe the 
several reports required of and from the county treasurer. 

Legal custodian of school funds. 

2. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond funds, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. 

3. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no 
provisions for the handling of the funds. 

Keen accoimt school funds. 

4. The law does not require the county treasurer to keep several 
accounts of the special fund of a district. 

5. A school district can not lawfully transfer its apportionment of 
the general fund or any portion thereof to another district. 

6. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

7. It is the duty of the county treasurer to keep a separate account 
of the union high school district funds, and all the warrants should be 
drawn by the union high school board upon that fund. The county treas- 
urer is required by law to render a quarterly statement to the board of 
the amounts of money received and credited to the accounts of the dis- 
tricts. 

8. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 

Penalties — fines. 

9. As a rule, the money for schools from these sources (derived 
from fines, penalties, etc.) should be turned by the county treasurer into 
the general school fund of the county rather than into that of a particular 
district; although fines assessed by justices of the peace may, in some 
cases, go to the credit of the school district in which the action occurred. 

' Generally speaking, the proceeds of all fines or forfeitures should be 
placed by the county treasure-r to the credit of the general school fund of 
the county, unless otherwise expressly provided by statutes. 

10. County treasurers should place the money arising from fines 
collected, and belonging to the school fund, in the general fund. 

31 



COUNTY TREASURER. 

11. The county treasurer is I'esponsible if moneys are turned into 
the wrong fund by him. It is his duty to place money collected from 
fines, forfeitures, etc., to the fund designated by law. 

5901. Treasurer keep separate accounts — warrants. 

Legal notice. 

1. A legal notice under this section, is a publication for twenty 
days in some newspaper, published at the county seat of such county. 

Warrants. 

2. The total amount of school warrants issued must not exceed the 
amount of tax levy for the current year. 

3. "It shall not be lawful for the officers of any district to issue 
warrants in excess of the tax levy for the current year." The "current 
year" is identical with the fiscal year, beginning December 1st and ending 
November 30th. 

"It shall not be lawful for the officers of the district to- issue war- 
rants at any time in any amount in excess of the tax levy for the cur- 
rent year." 

In this provision the words "tax levy" must be construed to mean 
"the revenue of the district," including the county fund, the state fund 
and the fees derived from fines and penalties. 

"If a school district, on account of some unforeseen casualty or ex- 
pense, or for some unexpected failure of revenue, should incur an expense 
in excess of the revenue, it v/o'uld be its duty to levy a sufficient amount 
of tax the following year to pay such indebtedness, in addition to its 
expenses for said year. 

"No warrants can be issued in excess of the revenue, but a certificate 
of indebtedness should be issued, payable out of the revenues of the suc- 
ceeding year, and it would be the duty of the board during the succeeding 
year to draw a warrant for its payment." 

5. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no pro- 
vision for the handling of the funds. 

6. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 
It is not legal fcr the school board to make up the discount. 

7. Warrants in excess of the revenue for the year are void. 

8. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond funds, nor have the directors of a school 
district any legal right to issue orders on the county treasurer, except in 
favor of those parties to whom the district is legally indebted. In the pay- 
ment of school bonds, the district treasurer has control of the funds only 
during the times of advertising and subsequent payment. 

9. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the 
revenues of the district for the current year; therefore an arrangement 
for issuing warrants payable in one, two and three years, the qualified 
voters to vote a levy to be collected in one, two and three years to pay 
the warrants, would not be legal. The voters have no authority to vote 
a levy except for the current year. It would, therefore, only be possible 
to raise the money by voting bonds for the amount if the electors do not 
wish to levy the whole tax in one year. 

10. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 

32 



COUNTY TREASURER. 

for what they are worth. It would not be proper for the board to simply 
supplement, by an additional warrant, the shrinkage of irregular warrants 
on account of the discount in the market. The deficit may be made good 
by the board, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

- 11. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

12. Sections 5902-5906, Revised Statutes of Colorado, 1908, provide 
that school orders, when paid by the county treasurer, shall be stamped 
as cancelled and returned to the school district treasurer, who shall send 
with the same the proper blank upon which due i-eceipt may be made. 



33 



DEAF AND BLIND SCHOOL 



4334. Admission of pupils — support — county superintendents — report. 

Attendance not compulsory. 

1. Attendance is not compulsory at the state school for the deaf 
and blind. 

2. Deaf mutes and blind persons between the ages of six and twenty- 
one should be included in the school census. 



34 



DIRECTORS. 



5915. Directors — classification of districts. 

Qualifications of directors. 

1. There is nothing in the laws of Colorado to prevent a person who 
fills the office of district judge from also filling that of school director, the 
two offices belonging to an entirely different class. 

2. The fact that two members of a school board are of one family, 
and the further fact that another member became a resident of the 
district for the sole purpose of becoming an officer, so long as he is an 
actual resident, would not affect the regularity of the organization of the 
board. 

3. The length of residence required in Colorado to constitute eligi- 
bility to the office o-f school director is twelve months. 

4. The fact tha;t an elector is not a taxpayer does not disqualify him 
from holding office, either by election or by appointment. 

5. There is no section of the school law which I'equires any one 
elected president of the school board in a first class -district to take an 
oath of office as president of the board if he has, upon his election by the 
people as a member of the board, taken the required oath. 

Election of directors. 

6. School districts of the second and third classes, organized after 
the annual school election of 1907, should elect officers to hold until the 
annual school election of 1908, at which time, a president should be 
elected for three years, a secretary for two shears, and a treasurer for one 
year. 

7. School districts of the second and third classes organized since 
April 4, 1887, should elect, at the annual. school election in 1908, one presi- 
dent for three years; in case of a vacancy in the office of secretary, one 
should be elected for a term of two years; and in case of a vacancy in 
the office of treasurer, one should be elected for one year. 

8. School districts of the second and third classes organized prior 
to April 4, 1887, and subsequent to March 20, 1877, should elect at the 
annual school election in 1908, a treasurer for three years; in case of a 
vacancy in the office of president, one should be elected for twa years; 
and in case of a vacancy in the office of secretary, one should be elected 
for one year. 

9. School districts of the second and third classes organized prior 
to March 20, 1877, should elect at the annual school election in 1908 a. 
secretary for three years; in case of a vacancy in the office of treasurer, 
one should be elected far two years; and in case of a vacancy in the office 
of president, one should be elected for one year. 

10. The laws relative to the election of school directors provides that 
certain ones shall be elected at the time of the organization of the district, 
ini whatever year that may be; and thereafter, the particular offices to 
be filled must be determined by the requirements of Section 5915, School 
Law, '09. No. 20. 

Classification of districts. 

11. A school district of the second class having become a first class 
district, the board, at the first meeting after election, should proceed to 

35 



DIRECTORS. 

elect new officers (president, secretary and treasurer), as provided in 
section 69. Tlie officers of tlie old district do not hold over after the 
change has been effected. 

There is no way in which a district could be declared to be a first 
class district simply because its census list is known before the time of 
the school election of this year to have reached the number required for 
a first class district. When the census list of any year shows that a dis- 
. trict contains the required school population to entitle it to become a first 
class district, the organization as a first class district is made through 
electing a board of five members at the next annual election. 

12. Directors can not exercise the powers given electors of dis- 
tricts of the third class, after filing annual census of 350 children previous 
to the annual election. The board will reorganize after the annual elec- 
tion and after the census list is examined, compared as required of the 
county superintendent in section 186 of the school law, and is found 
to be correct in giving the district the necessary number for a second 
class district. 

Witness fees not allowed. 

13. School directors are not legally entitled to witness fees in a 
case where the district is a party. 

Secretary and treasurer — offices distinct. 

14. The law makes distinct specifications in regard to the separate 
offices o-f secretary and treasurer in a first class district, making those ' 
offices as distinct as in third class district, where different persons must 
be elected as to the two offices. The business of the district could not be 
legally transacted with one person acting in the two capacities. 

15. The offices of secretary and of treasurer of first class districts 
are distinct and should be filled by two different persons. 

5922. Directors qualify within twenty days — vacancies — treasurer's bond 
and report — oatli of office. 

OatTi of directors. 

1. All school directors are required by law to file an oath of office 
with the county superintendent. This applies to all districts in Colorado, 
including those organized in cities existing under a special charter. 

2. The term cf office of a school director does not extend until his 
successor is duly elected and qualified, but expires with the annual school 
election day at the close of the term for which he was elected or ap- 
pointed. 

3. Failure of a school director to file oath within the time required 
by law does not create a vacancy in the office; Provided, he has taken the 
required oath before the proper officer within the required time. 

4. The secretg,ry of a school district of the second or third class 
can not administer the oath of office to the president. The oath maj' be 
administered by the president of any school board, or by the county super- 
intendent; and, of course, by any person such as notary public, justice of 
the peace, etc., qualified by law to administer oaths. 

5. It is lawful for a president of one school district to administer 
the oath of office to the board of another school district. 

Directors qualify in twenty days. 

6. The law provides that the directors shall qualify within twenty 
(20) days after their election, and as there is no provision that directors 
who are elected to succeed themselves shall not file a new oath of office, 
such oath should be filed. 

36 



DIRECTORS. 

7. A person elected to the office of director of a school district can 
not legally qualify after the expiration of twenty days from election. By 
operation of the lavv, in case of failure of the director-elect to qualify 
within twenty days, the office becomes vacant. 

8. If the president of a school board is dulj^ elected, but fails to 
qualify within the legal time, the office becomes vacant and the county 
superintendent should appoint some one in his place. 

School hoards organize after election. 

9. Section 5915, School I^aw, 1909, provides that boards in districts 
of the first class shall organize at their first meeting after election and 
elect a president, etc. No. 65. 

Vacancies. 

10. Vacancies that may occur in a district of the second or third 
class, through failure to qualify, or through absence from the district, 
death, resignation, removal or otherwise, are to be filled by appointment 
of the county superintendent only until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired terms, not for 
regular full terms. 

11. A school director appointed by the county superintendent to fill 
a vacancy holds office until the ensuing regular election. 

12. To fill a vacancy on the school board in. a joint district, the 
county superintendents of such district should confer, since their duties 
are joint and equal in such district, and appoint as a member of the board 
some one living in the district who would prove satisfactory to both 
counties. 

Bond of directors. 

13. The law does not provide that it is a duty of the county super- 
intendent to send bonds to newly elected directors. 

14. A county superintendent is the pi'oper person to approve of the 
official bond of a school director, and if a person elected to that office can 
not give a satisfactory bond, it works a vacancy in the board after twenty 
days from his election. 

15. A county superintendent has authority to require a district treas- 
urer to give bond in double the amount of money liable to come into his 
hands, if such amount exceeds twenty dollars. 

Directors must reside in district. 

16. The law requires that a person who desii'es to be a candidate for 
a school director must reside in the district, and it necessarily follows 
that in order to remain such director, after election he must continue to 
reside therein, and when he permanently removes from the district he 
ceases at that instant 'to be a director. 

Who Tnay he a director. 

17. The mayor of a town may also legally hold the office of school 
director, inasmuch as the duties of mayor and school director do not 
conflict. 

5923. Regular meetings of board — special — adjourned. 

Meeting place — notice of meeting. 

1. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

2. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 

37 



DIRECTORS. 
5954. Special meetings in districts of third class. 

Purpose of meeting. 

1. In a third class district the tax levy has to be submitted to the 
voters. Twenty days' notice of special meeting for this purpose must be 
given. 

2. The question of uniting tw^o contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the purpose 
of the meeting must be posted at least twenty days before the time the 
meeting is to be held. The notices for the annual meeting will be sufficient 
notice if in addition to the notice of the election, a statement of the special 
business to be transacted is made, and at least three notices are posted in 
the district twenty days previous to the date of the meeting, instead of the 
six days' notice, which is all the time that is required for the annual 
meeting. 

3. It is considered illegal to transact any business at a special 
meeting, except that for which the special meeting was called. 

4. -The location- of a school house is for no definite time. A vote 
m.ay be taken on the question of moving the school house as often as a 
meeting for the purpose can be legally called. 

5. According to legal decisions in this state, a special tax can be 
voted at other than the annual meeting. Paragraph 4, section 5955, of the 
school law has been interpreted, in connection with the introduction of 
section 5955, to authorize this. 

6. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

7. If a teacher has been employed to teach a certain department of 
a school, the school board would not have the right to close another de- 
partment and requii'e one teacher to do the work of both departments, 
unless such an arrangement had been made in the coritract entered into 
between ■ the teacher and the board. The only way by which a teacher's 
salary can be legally increased during the term for which she is employed 
would be at a regular or special meeting of the school board. 

8. It is illegal for two members of the board to transact business 
that has not been decided upon at a regular or special meeting of the board. 
If the specifications m regard to the digging of the well were definitely 
stated at a regular or special meeting, it would be necessary to call another 
meeting of the board to change those specifications. 

9. Section 5954 provides for the relief of the electors, in case the 
board do not make necessary provisions for the schools. 

10. If a special school meeting has been legally called in a school 
district for the purpose of voting upon any question or questions mentioned 
in said notice, a majority vote of those present decides the matter sub- 
mitted. 

Notice of special meetings. 

11. The law provides that notices specifying the time, place and 
object of special meeting shall be posted in three public places, one of 
which shall be at the place of meeting, at least twenty (20) days prior 
to the time of holding such meeting. 

Since the notice was not posted the length of time required by law, 
the meeting was not legally called. The directors may call another meet- 
ing. 

38 



DIRECTORS. 

12. A special meeting of the voters of a district is legal only when 
twenty days' notice of such meeting is given. 

13. The notice calling a special meeting is legal, even though the 
date of the notice has been omitted; Provided, That said notice has been 
posted the required number of days, and the special meeting was called 
at a regular meeting of the school board at which a quorum was present. 

14. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 

15. A special meeting if called and held in accordance with the pro- 
visions of the law is legal, even though the county superintendent is not 
notified of the meeting. 

16. When the president of a school board calls a meeting, the notice 
would not meet the requirements of the law unless the time and place of 
meeting were definitely specified. 

17. More than one question can be voted upon at a special meeting 
of the electors of a third class school district; Provided, Each question is 
separately stated in the notice of such meeting. 

Who viay call. 

18. As to whether or not the president of the board has power to 
call a special meeting when he desires so to do, depends altogether upon 
the by-laws governing the board. 

19. At a regular meeting of a school board, two members of said 
board, constituting a quorum, can legally call a special meeting. 

20. Two members of the board would have the right to call a special 
meeting, and it is their duty to do so, if petitioned by ten legal voters of 
the district. A 152. 

Valid though riot reported to county superintendent. 

21. In the case of a special meeting legally held the business there 
transacted would not be invalidated through the failure of the secretary 
to send a formal report to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a report. 

Taxes — tvhen illegal. 

22. In the call or notice of special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors to 
vote for or against the levy thus proposed, without discussion or amend- 
ment. 

Vote of district. 

23. Section 128, school law, provides that in districts of the first 
and second classes, that no school board shall build or lease any building 
especially for high school, unless authorized to do so by a vote of the 
district, as provided in section 72, which provides for the manner in which 
the meeting shall be called. 

Two directors transact business. 

24.' If all the directors were legally notified of the special meeting 
and one failed to attend, the two mem-bers pi-esent could legally transact 
the business for which tke said meeting was called. 

59^4. President sign orders — appear in suits— absence — vacancies. 

Orders signed by president. 

1. A contract made by a majority of the school board is a legal 
contract; Provided. Such contract is made at a regular meeting of which 

39 



DIRECTORS. 

all directors had legal notice. The law makes it mandatory that the 
president sign all orders on the county treasurer for the payment of 
money; Provided, That no orders shall be drawn upon the county treasurer 
except in favor of parties to whom the district has become lawfully in- 
debted. 

Auditing of hills against district. 

2. The auditing of bills against a school district must be performed 
by the board of directors at a meeting thereof, and vouchers or warrants 
issued for the payment of such bills are legal only when issued by a vote 
of a majority of the board at such meeting. 

3. A debt can only be contracted by a majority of the members ot 
the board at a regular meeting, or at a special meeting called for that 
purpose. As the auditing of bills for an indebtedness is an entirely sepa- 
rate act from the contracting of the same, it necessarily follows that they 
must be performed at different times. The bills should be audited at a 
meeting of the board: of directors, and the vouchers or warrants for such 
indebtedness be ordered issued by a majority of .said board. 

Compensation of secretary. 

4. A school board has the right to fix the compensation to be allowed 
the secretary for the time necessarily spent in the service of the district, 
as required by law or as directed by the board, and in section 73 of the 
school law it is stated that no 'orders shall be drawn upon the county 
treasurer (by the district board) except in favor of parties to whom the 
district has become lawfully indebted. It is the province of the board to 
decide the proper compensation for the secretary's duties, providing ahvays 
that the board's provision for such compensation is just and reasonable 
and in compliance with the law. 

District warrants. 

5. When school district wan-ants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

6. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
at their face value. It would not be proper for the board to simply supple- 
ment, by an additional warrant, the shrinkage of irregular warrants on 
account of the discount in the market. The deficit may be made good by 
the board, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

7. A warrant sent to, and receiving the signature of, a director while 
absent from the state is legal. 

8. The auditing of bills against a school district must be performed 
by the board of directors at a. meeting thereof, and vouchers or warrants 
issued for the payment of such bills are legal only w^hen issued by a vote 
of a majority of the board at such meeting. • 

Suits against district. 

9. If a suit is brought against a district, it is the duty of the 
directors to defend it, to employ an attorney if necessary, who may be paid 
from the district's funds; but if the suit is against the board of directors, 
or any of them, for failure to comply with the !aw, any cost for defense 
must not be charged against the district. 

10. If an attorney is employed to defend an action bi'ought against 
the district, then the district must pay his fees; but if brought against the 
individual directors, tney must pay their own attorneys' fees. 



40 



DIRECTORS. 



Vacancies. 



11. Vacancies that may occur in a district of the second or tliird 
class, through failure to qualify, or through absence from the district, 
death, resignation, removal or otherwise, are to be filled by appointment 
of the county superintendent only until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired terms, not for 
regular full terms. 

12. Absence from the district of any school officer when prolonged 
beyond thirty consecutive days may be held to work a vacancy in said 
office and gives the county superintendent a right to appoint some one 
else in his place. The fact that his absence was unavoidable and that his 
family remain in the district does not change the condition. 

Timx for filing notice. 

13. In a first class district, when a vacancy occurs after the adver- 
tisement of the regular election, four weeks preceding such election, a 
person who may desire to be a candidate for the office of school director, 
by filing a written notice of such intention with the secretary of the school 
district in which he resides at least eight days prior to the day of the 
holding of the annual election, will become a legal candidate, providing 
the other details specified in sections 92-93 of the school law be observed. 
If the resignation occurs after the eight days specified in section 93 the 
board would name the director who would hold over until the regular 
election. 

14. ■ If a director is absent from a district for thirty days, no matter 
whether he still retains his residence in the district and expects to return 
to the district, the county superintendent should appoint a person to fill 
his place, if he considers that the educational interests of the district 
suffer through the absence of the original director. 

15. The clause, "Absence from the district of any school officer, 
when prolonged beyond thirty days, may be held to work a vacancy in 
said office," is construed to mean being out of the district for more than 
thirty days. . 

16. The absence of a school director from his district for a period 
of thirty days gives the county superintendent a right to appoint some 
one else in his place. It is not compulsory that the county superintendent 
appoint some one in the place of the absent member, but he should do so 
if, in his judgment, the interests of the district are suffering from such 
absence, or if the electors demand such appoifttment. 

17. When a school director of a third class district removes his 
family from the district, going with them himself, but retaining his post- 
office address in the district and coming into said district once in thirty 
days only, he ceases to be a bona fide resident of such district and his 
office becomes vacant. 

18. A school director appointed by the county' superintendent to fill 
a vacancy holds office until the ensuing regular election. 

19. The law requires that a person, who desires to be a candidate 
for school director, must reside in the district, and it necessarily follows 
that in order to remain such director after election^ he must continue to 
reside therein, and when he permanently removes from the district, he 
ceases at that instant to be a director. 

20. If the director has permanently removed from the district, and 
the county superintendent refuses to declare a vacancy, or appoint a 
successor, such action by the board or qounty superintendent could be 
appealed to the state board of education as in other cases. 



41 



DIRECTORS. 

5935. Duties of secretary — bond. 

Duties. 

1. Section 544, School Laws, 1909, makes it the duty of all school 
directors to inquire into cases of children not attending school; and to 
prosecute all violations of the law in that respect; and further provides 
that school directors failing to do their duty accordingly may be fined 
for such failure. Section 534, id., provides for the appointment of truant 
officers in districts of the first and second classes, and I know of no such 
provision for other districts. Under section 536, id., the school directors 
can make complaint in the county court against delinquent children, their 
parents or employers; and under the law secure the attendance of pupils 
in the schools. No. 32. 

Duties of secretary. 

2. The secretary is the proper custodian of the books, papers aad 
documents of a district school board, and is the one authorized to draw 
all warrants issued by the board, these to be countersigned by the presi- 
dent and treasurer. 

3. It is not the duty of the secretary of the board to draw a war- 
rant unless the order' for such warrant appears upon the written records 
of the board. 

4. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Census list. 

5. The census list may be sworn to before any officer authorized to 
administer oaths. 

6. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

7. Regarding the census list sworn to be correct by the secretary 
of the school board, there is no alternative but to accept the same unless 
the matter is taken into court and a false affidavit was proved. A 172. 

Residence in district — Tiotv determined. 

8. The fact that the head of a family pays a tax in a certain school 
district does not of itself give his children the privileges of the school in 
that district. Children may attend school free of charge only in the 
district in which their parents or guardians are dona fide residents. 

9. If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district for the winter, 
the same rule would apply. 

If the district is-the declared home of'the family, and if the children 
have been previously listed upon the census list, they would have the 
right to attend the school without tuition, even if the remainder of the 
family were at present residing elsewhere. 

10. Since the parent is a resident of the state, the boy's residence 
should be held to be identical with the hona fide residence of the parent. 

If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would not have the right to attend in another district, without 
paying tuition. 

11. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

42 



DIRECTORS. 

12. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is, bona 
fide, a resident. 

13. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside, and not in the district in which they 
attend school. 

14. Where a famly resides regularly a part of the year in one dis- 
trict and a part of the year in another, the residence for school purposes 
should be the one held in good faith on the 10th day of April. 

15. That place shall be considered or held to be the residence of 
a person in which his habitation is fixed, and to which, whenever he is 
absent, he has the intention of returning. 

A person shall not be considered or held to have lost his residence 
who shall leave his home and go into another state or territory or county 
of this state for temporary purposes merely, with the intention of 
returning. 

16. A non-resident of a school district is one whose permanent 
dwelling place is not within the boundaries of that district. 

. 17. The residence of a minor is the residence of his parents or 
guardian. 

18. If a person moves his family into a school district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resident of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision of 
the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014): 
"Effort has been made to guard against the precipitancj'' of non-residents 
to points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tuition 
as are actually residing in the district for other reasons, as a main 
pui'pose, than to participate in the advantages which the school affords." 

19. Considerable difficulty is sometimes experienced in determining 
"bona fide" residence. The law defines the residence of an unmarried 
person of school age (that is, of a minor) "to be identical with the bona 
fide residence of the parent or guardian of such person; Provided, That 
such parent or guardian be a resident of the state." 

20. A person may retain his residence in a district, if, at the time 
of leaving the district, it wa's his intention to return 

21. The word "residing," as used in section 154 of the school law, 
has reference to a permanent residence. 

22. An unmarried person under twenty-one can claim residence 
where the parents reside, whether absent from home, at school or at work. 

23. Every unmarried person under twenty-one is entitled to draw 
school money. 

24. In determining the residence for the purpose of taking school 
census, it matters not where the unmarried person of school age may be 
whose parent or guardian lives in the state. The residence of such person 
is fixed by the bona fide residence of the parent or guardian, and this 
must be determined by the census enumerator. 

25. The fact that a person pays taxes in two counties does not give 
him the right to send children to school in both districts in which the 
taxes are paid. A man's residence can only be in one place, and the 
place where the home is permanently located determines the district 
where the children have a right to attend school. 

26. Residence under the school law means a person's real home, 
not a temporary abiding place. 



43 



DIRECTORS. 

When people move into a town at the beginning of school, expecting 
to return to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such' families. 

27. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

28. A child who is living with a bona fide resident of a district and 
dependent upon such resident for a living is entitled to attend school in 
such district free, though the parents of such child are living in another 
district. 

29. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

30. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out, and having 
a fixed home elsewhere, the children should be enrolled in the district 
where the fixed home is located. 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the district 
where they rent. 

If the mother votes in a certain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled in 
such district. 

31. A person of school age can not be enrolled in the school census 
of a district in which he does not reside, though his father is employed 
and boards in said district and claims his residence therein, when it 
appears that svich person of school age has never actually been in said 
district and when he actually lives in a foreign country or state or when 
he is properly enrolled in any, other school district in this state. 

32. It would not be legal to enroll the persons of school age belong- 
ing to the state industrial school in Jefferson' county upon the census lists 
of the school district or districts where the school is located, providing 
such persons have a residence elsewhere. The names of such persons 
would appear upon the census lists and would draw fi'om the general 
school fund for the benefit of the districts in which is their true residence, 
and the state makes its own special provision for the education of such 
persons in the industrial schools. , 

33.* If the married woman referred to owns a home in the district, 
pays taxes on the same, and makes her home there during the greater 
portion of the year and has her children on the census list, she is entitled 
to send her children to the school in that district without paying tuition, 
although her husband may live on a farm in another district. 

34. Indian children of school age^ living within the boundaries of a 
school district, should be included in the census list, but Indian children 
attending the Indian school should not be included in the district in^ 
which the Indian school is located, but in the districts in which their 
parents live. 

Census of deaf and blind. 

35. Deaf mutes and blind persons between the ages of six and 
twenty-one should be included in the school census. 

Apportionment of school fund based on census. 

^yj. The apportionment of the general school fund for the year be- 
fi;inning July 1st annualy is based on the census list prepared, taken 

44 



DIRECTORS. 

between the 10th day of April and the 1st of May preceeding, and there 
is no exception to this rule, except in case of formation of new districts; 
nor is there any provision whereby this fund en be transferred from 
one district to another after said census have been taken. 

5935. Further duties of secretary — report. 

Secretary give notice. 

1. The law requires the secretary to state in his notice of a regular 
school meeting the special business to be transacted at that time, and in 
the absence of such notice any action taken in regard to special business 
would be invalid. A 76. 

2. A meeting of a school board can not be properly held unless 
reasonable notice has been given to all members. 

3. The secretary of the board would have no authority to post 
notices calling a meeting at any other than the regular place of meeting 
without the co-nsent of at least one of the other members of the board. 

Yalid though not reported to county superintendent. 

4. In the case of a special meeting legally held, the business there 
transacted would not be im'-alidated through the failure of the secretary 
to send a formal report to the county superintendent of the business thus 
transacted, although it is the duty of the secretary to send such a report. 

Special tax levy. 

5. The special tax levy should be made previous to sending in the 
annual report of the secretary of the district. The levy can be certified 
to legallj^ by two members of the board. 

Secretary violate bond. 

6. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Failure of secretary to perform duty. 

7. If a secretary of a school board fails to perform his duty,' he can 
be dismissed, if he is not a member of the board. If he' is a member of 
the board, he can be removed by the courts. A 67. 

Records of secretary open for inspection. 

8. Although there is no requirement by law for the publication of 
the records of the secretary, they are open for the inspection of any 
citizen of the county. If a director should refuse to submit them, redress 
could be obtained through the courts. A 118. 

5937. Secretary render statement — books open for inspection. 

Notice for special tax. 

1. It would be legal for you to vote a special tax at an annual 
meeting by giving the legal notice; Provided, That such special tax, 
together with any other special taxes levied for the given year, does not 
exceed the levy allowed to a district of your class. 

5940. Treasurer countersign warrants — render accounts — failure — penalty. 

Warrants — signing of. 

1. As to whether a school district warrant is legally drawn when 
signed by the president and secretary, and not by the treasurer, is a 

45 



DIRECTORS. 

question for the county treasurer of the proper county to pass upon when 
the warrant is presented for payment. Should he pay such warrant and 
afterward, upon investigation, it be found to have been issued to some 
person or persons to whom the district was not justly indebted, he, the 
treasurer, would be liable on his official bond by reason o'f the fact that 
the warrant was not sufficiently authenticated, as provided in above sec- 
tion, which reads: "It shall be the duty of the treasurer to countersign 
all warrants drawn to the president and secretary on the county treas- 
urer." 

2. It is the duty of the treasurer of a school board to countersign 
all warrants drawn by the president and secretary on the county treas- 
urer in favor of parties to whom the district has become lawfully indebted.. 

3. A warrant sent to, and receiving the signature of, a director 
while absent from the state is legal. 

4. If one member of a school beard refuses to sign an order, there 
is no way of compelling him to do so except through regular, legal 
procedure. 

5. The county superintendent's signature is of no legal value in 
drawing warrants. 

6. The president of the school board being the principal function- 
ary, a warrant drawn without his signature is illegal. 

7. It is the duty of each member of the board of directors to sign 
all warrants drawn on the county treasurer in favor of parties to whom 
the district is lawfully indebted. If any member of the board refuses 
to sign such warrant, there is ho waj^ to compel him to do so, except 
through regular legal procedure. If, however, the county superintendent 
be cognizant of the facts and certifies to the county treasurer that the 
warrant was drawn in payment of a just debt legally incurred, the county 
treasurer would be justified in paying such warrant bearing the signature 
of only two members of the board of directors. 

8. A school director has no legal right to refuse to sign a prop- 
erly drawn warrant, issued for any just obligation of the district. The 
warrant might be cashed upon two signatures if the county treasurer is 
willing to assume the responsibility. The only way to compel the direc- 
tor to sign it is by legal proceedings. 

9. The law makes it mandatory for the president to sign all orders 
on the county treasurer for the payment of money. A vice-president 
could not legally sign school Avarrants. No. 55. 

10. Sections 5934, 5935, 5940 provide that it shall be the duty of 
the treasurer to countersign all warrants drawn by the president and 
secretary on the county treasurer, in favor of parties to whom the district 
has become lawfully indebted and to keep account of the same. It is 
the duty of each member of the board of directors to sign all warrants. 
If they fail to do so. then the county superintendent can certify to the 
county treasurer that the warrant was drawn in payment of a just debt 
legally incurred and the county treasurer would be justified in paying 
such warrant bearing the signature of only two members; Provided, One 
signature was that of the president of the board. No. A 184. 

11. It has, heretofore, been held by your department that the county 
treasurer should pay the warrants when signed by the president and the 
secretary of the board, when satisfied that the warrant is for a lawful 
and just debt against the district, even though the treasurer refuses to 
sign the warrant. In cases of this kind, the countj^ superintendent would 
be justified in writing an order declaring the office of treasurer vacant and 
appointing some proper person to fill the vacancy, although the usual 
procedure is to mandamus the treasurer in the court of law. No. 67. 



46 



DIRECTORS. 

Warrants— issuance of. 

12. Since no warrant is valid if drawn in favor of a person to 
whom the district is not lawfully indebted, the district has no authority 
to incur the debt for the payment of which the warrant mentioned was 
drawn, 

13. The only legal restrictions placed upon school directors in the 
matter of issuing warrants are that they must be issued to persons to 
whom the district is legally indebted, and the total amount issued must 
not be in excess of the special tax levied for the current year. 

14. A county treasurer can legally pay only such warrants as are 
issued against the school fund of the current year. 

15. The secretary is the one authorized to draw all warrants issued 
by the board, these to be countersigned by the president and treasurer. 
If the county treasurer paid a school district warrant illegally drawn, 
and afterward upon investigation it was found to have been issued to 
some person or persons to whom the district was not justly indebted, he, 
the treasurer, would be liable on his official bond by reason of the fact 
that the warrant was not sufficiently authenticated. 

16. The courts have never passed an opinion concerning the ques- 
tion of taxation of interest bearing school warrants. It cannot, therefore, 
be stated at this time, what rule prevails, it being for the courts hereafter 
to interpret this question. No. 8. 

Auditing of Mils. 

17. The auditing of bills against a school district must be per- 
formed by the board of directors at a meeting thereof, -and vouchers or 
warrants issued for the payment of such bills are legal only when issued 
by a vote of a majority of the board at such meeting. 

County treasurer custodian of school ftinds. 

18. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, noi' have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of 
the funds only during the times of advertising and subsequent payment. 

19. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no pro- 
vision for the handling of the funds. 

5925. Powers of school boards. 

Hire teachers. 

1. A school board has the absolute right to engage the teacher, 
or teachers, for the school district. The fact that a majority of the 
taxpayers sign a petition making a pi'otest against the selection made by 
the board can not in any Avay affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

2. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of term and salary, such notification would stand in law as a contract, 
should the teacher accept. 

3. A verbal promise given to a teacher by members of a school 
board at other than a regularly called meeting is not in any way binding 
upon the board. The members have a perfect right to engage some other 
person when a regular meeting of the board is held. 

47 



DIRECTORS. 

4. There is nothing in a school law of Colorado to prevent a 
board o| directors in a district of the first class from making a contract 
with a teacher or superintendent for a term exceeding the school year. 

5. In case a summer school is to begin in the district, either before 
or on the day upon which the annual election is held, it would be legal 
for a board to engage a teacher for such a school. 

6. When a teacher enters into a contract with a board of directors 
to teach a certain number of months it is understood that customary 
vacations may intervene, even though not specified in the contract, and 
that the teacher will not receive compensation for the time occupied by 
such vacations, he being expected to teach the full number of months 
specified in the contract, aside from the time included in the vacations. 

7. There is no law requiring a teacher to have a physician's certifi- 
cate of good health; this matter is governed by the rules made by the 
board of directors. 

8. School boards, in districts of the first class, have entire control 
of the examination and licensing of applicants to teach in their districts. 
They also have a legal right to renew certificates without examination. 
One member of a school board can not legally employ a teacher except 
when ordered^to do so by the board at a regular or special meeting. 

-9.- If a misunderstanding occurs as to the employment of a teacher 
and .two of the board refuse to enter into a contract with the teacher 
who was chosen by the other member, the teacher could not legally 
claim her appointment. 

10. In districts of the first class the school directors have entire 
charge of the examination of applicants for positions in the schools of 
their district. 

11. While the law does not state that married women living with- 
their husbands in Colorado shall be allowed to teach, there is no law pro- 
hibiting any person eighteen years of age, who can obtain a certificate, 
from teaching, save when a member of the school board. 

12. The board of directors has exclusive jurisdiction in the em- 
ploying and discharging of teachers. 

13. If a teacher has been employed to teach a certain department 
of a school, the school board would not have the right to close another 
department and require one teacher to do the woi'k of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

14. The only waj^ in which a teacher's salary can be legally in- 
creased during the term for which she is employed would be at a regular 
or special meeting of the school board. 

15. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would be 
illegal for a school board to employ a teacher under such circumstances. 

16. An oral contract made between a teacher and a school board 
is as binding as a written one; Provided, That either party can prove the 
terms of the contract. 

17. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. ' 

18. It 'is illegal to emjploy a school teacher save at a regularly 
called meeting, of which due notice was given to every member of the 
board. It is also illegal to transact any business save at such duly called 
meetings. 

19. It is absolutely illegal for the members of a school board to 
appoint a teacher at any time or in any way save through the action of 
a majority of the board at a regularly called meeting of which all the 
members have had due notice. 

48 



DIRECTORS. 

20. A district board has not, in law or equity, a right to delibei-ately 
create a condition for the purpose of taking advantage of the emergency 
clause in that section of the statute which provides for granting and en- 
dorsing teachers' certificates. 

21. There is no law authorizing second and third class districts to 
hold examinations for teachers to be employed by such districts. 

22. The engagement to teach of a person who has no certificate by 
school directors is illegal, as no contract could be made between the 
school board and such a person. The fact that she draws no pay would 
not entitle her legally to teach the school. A school so taught could not 
be considered a public school, nor could the months of school so taught 
be counted in, or reported as, months of public school work. School direc- 
tors could only as private citizens employ a teacher to teach a private 
school. There is no possible way in which the public school work and 
the private school work can be combined, or the private school work 
legalized as public school work, or a private school teacher in any way 
be considered a public school teacher. 

23. Every member of a school board has an equal voice in employ- 
ing teachers ; that is, the vote of the treasurer counts for just as much 
as that of either the president or secretary, on all matters pertaining 
to the affairs of the school district. The decision of a majority, how- 
ever, rules in this as in all pther matters, but if the treasurer and sec- 
retary vote to engage a certain teacher, the teacher could be engaged 
even though the president might not acquiesce, and, necessarily, if the 
pi'esident and secretary voted in opposition to the vote of the treasurer, 
their decision would stand. 

24. One member of a school board can not legally employ a teacher, 
even though a meeting has been called for the purpose and notice of it 
sent to other members of the board. If the failure to attend the meet- 
ing arises from a deliberate intention to fail to do the duty required of 
members of a school board, the member, who has previously called the 
meeting can, by legal process, compel the attendance of the members. 

25. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the dis- 
trict could have no voice in the matter, and while the patrons of the 
school would have a right to circulate a petition requesting the board to 
engage a certain teacher, the board would have a right to ignore the 
petition if they desire to do so. 

26. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

27. The appellate courts of this state have never decided the ques- 
tion of the legality of a school board to contract with teachers before 
the annual election establishes a new board of school directors. 

28. Until a first class district is fully organized, so far as its board, 
etc., is concerned, in conformity with the provisions of the law relating 
to first class districts, the board of the district would have no right to 
grant certificates to the teachers employed. Until the board was fully 
organized as a first class board the teachers employed in the district 
should be required to take the regular county examination. 

29. All first class districts have a right to make their rules and 
regulations governing examinations for certificates and for any special 
line of work. 

Scliool -furniture and supplies. 

1 30. No member of a district board has any light whatever to pur- 

chase coal or other school supplies, without being ordered to do so by a 
majority vote of the members. 

31. A school board of a district of the' third class has a legal i-ight 
to purchase desks for a school building without a vote of the electors of 
the district. 

49 



DIRECTORS. 

32. School directors of a district of tlie third class may purchase 
an organ ior the use of the school and pay for it out of the special fund. 
The general fund can not oe used for that purpose, unless there is a balance 
remaining after paying all expenses necessary to support a public school 
for ten months in any one year. 

33. Two mem.bers of a board in a district of the third class can 
legally contract for furniture for their school house, but such contract 
should be made or ratified by a vote at a regular or special meeting of 
the board. The third member of such board can not legally refuse to sign 
warrants issued in payment of such furniture simply upon the ground that 
he considers such furniture unnecessary. If illegality or fraud exists then 
he can refuse, but the fact that he considers the furniture unnecessary is 
only a matter of opinion, and he should be governed by the opinion of the 
majority. 

34. A school board would have the right to erect a barn or bore a 
well without a special vote of the electors, if these improvements were 
considered as necessary improvements for the school. No. A 86. 

35. A school board has the power to provide for school furnishings 
and everything needed in the school house. Therefore, the school directors 
of a district of the third class could purchase a piano and pay for it out 
of the fund on hand for- furnishings. No. A 98. 

Discharge teachers. 

36. Two members of a school board have a right to dismiss a 
teacher; Provided, Their action is taken at a regular or special meeting 
at which all the members of the board have notice, but a teacher having 
a contract with the board can not be dismissed without good cause for such 
action being shown. 

37. It is not legal for a school board to retain a teacher whose 
certificate has expired if the term of school for which such teacher is 
employed extends more than one month after such expiration. The law 
definately states that a new certincate shall be secured. The endorse- 
ment of the certificate should read "Good" until the next regular county 
examination. 

38. In order to make good charges of immorality or incompetency, 
specific acts must oe declared and supported by affidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county superin- 
tendent, with the request that he use the pov/er granted him by law. 

39. If a teacher employed in the schools is incompetent to give in- 
struction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

40. A school board may dismiss a teacher for incompetency or im- 
morality. A county superintendent may revoke a certificate of any kind 
at any time for immorality, incompetency or any just cause. 

41. The laws of this state make it impossible for a school board to 
discharge a teacher without some cause that would be considered in the 
courts a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., are the 
reasons that have been held sufficient. 

J 
Fix salary. 

42. A teacher having received a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
for what they are worth. It would not be proper for the board to simply 
supplement, in an additional warrant, the shrinkage of irregular warrants 
on account of the discount in the market. The deficit may be made good 

50 



DIRECTORS. 

by the board, at a regular meeting, voting to advance the salary so as to 
cover the shrinkage in value of the depreciated warrants. 

43. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

44. A teacher's only recourse against a school board that refuses to 
issue a warrant for salary is through the courts. 

45. When a county superintendent calls a county institute or teach- 
ers' association, he has not the right to rule that the district must pay the 
teacher for the same, as if she had taught school, although the school 
board would have the right to give the teacher such a day and pay her for 
it upon the request of the county superintendent. The right in the matter 
rests with the district board. 

46. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of a 
district would not be lawful reason for revoking a certificate unless fraud 
of some kind could be shown. 

47. The directors of a district have no legal right to make a contract 
with a teacher to pay wages in excess of the revenues for the year. 

48. A teacher can draw her wages during the time that a school is 
closed on account of an epidemic. 

Compensation alloioecl secretary. 

49. While the law states that district boards shall fix the amount of 
the secretary's salary, if the secretary rendered his services without such 
salary being fixed, ot without demanding it at the time, he could not later 
claim it. 

50. The secretary is the only officer of a district school board whom 
the law allows to draw pay for his services, and his pay is fixed by the 
board. 

51 A school board has the right to fix the compensation to be 
allowed the secretary for the time necessarily spent in the service of the 
district, as required by law or as directed by the board, and in section 73 
of the school law it is stated that no orders shall be drawn upon the county 
treasurer (by the district board) except in favor of parties to whom the 
district has become lawfully indebted. It is the province of the board to 
decide the proper compensation for the secretary's duties, providing, always, 
that the board's provision for such compensation is just and reasonable 
and in compliance with the law. 

52. If a secretary of a school board should falsify his records, he 
would violate his bond. 

Miscellaneous powers of board. 

53. As the president of the board is a member of the board, with all 
of the privileges to which such members are entitled, he can, although the 
presiding officer of the board, make or second a motion, state it from the 
chair, and vote on the same. 

54. The length of residence required in Colorado to constitute eligi- 
bility to the office of school director is twelve months. 

55. A school board dbes not have to carrj^ out all motions made and 
carried at the annual meeting of electors unless such motions cover matters 
upon which the electors are entitled to ir^fs. 

56. If the electors of a district are dissatisfied with the action of the 
board, they have the privilege of enjoining the board from fulfilling said 
action. 



DIRECTORS. 

57. A school board has a legal right to require such qualifications of 
teachers as seem to them to be for the best interests of the school, provided 
such qualifications do not conflict with those required by the state. 

58. The statutes give boards of directors of districts of the first class 
the entire authority to declare and fill vacancies, and with that authority, 
by necessary implication, goes the authority to declare vacancies, ex- 
cluding the idea that a, county superintendent may have that authority. 
The county superintendent has no right whatever to hold that a vacancy 
exists in the board of a district, of the first class until such a vacancy 
has been declared by the board itself, or by the courts. 

59. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

60. A member of the school board may be compelled by legal process 
to perform the duties of his ofl^ce as specified in the law. Any elector of 
the district, member of the school board or the county superintendent can 
institute the proceedings. 

A member of a school board may be removed for malfeasance iu 
office, by action taken in the courts. 

61. If the school board chose to revoke its rules concerning the place 
where a school meeting must be held, it would have a right to do so. 

62. It is illegal for two members of the board to transact business 
that has not been decided upon at a regular or special meeting of the 
board. If the specifications in regard to the digging of the well were 
definitely stated at a regular or special meeting, it would be necessary to 
call another meeting of the board to change those specifications. 

63-. Dii-ectors of third class districts have no authority to sell prop- 
erty of the dist^■ict unless instructed to do so by the electors. A sale with- 
out such direction is illegal. 

64. If the actions of the board do not meet the approval of the 
electors, the latter may either have redress through the courts, or, in 
certain cases, may appeal to the county superintendent and from him to 
the state board of education. 

65. If the school board of directors refuse to carry out the valid 
instructions of the electors of the district, they can be compelled to do so 
by court proceedings in the nature of a writ of mandamus. 

66. There is no statutory provision or rule by which authority is 
given to district school boards to take evidence or administer oaths. No. 
45. 

67. School boards have the power to establish rules and regulations 
for the government of the schools ixnder their charge, controlling the pupils 
and enforcing such reasonable rules and regulations by suspension. No. 
136. 

68. When there are two or more schools in a district, the board of 
directors has the power to determine the boundaries for each school. No. 
149. 

69. School boards have the power to employ laborers and to fix and 
order paid their wages. No. A 124. 

70. One board of directors has the power to control all the schools 
located in its district. No. A 65. 

71. School boards have the right to make regulations concerning the 
admittance of pupils to a certain grade of the school when the fall and the 
spring terms commence. Therefore, the board would have the right to fix 
the times when beginners might be permitted to enter the schools. No. 
A 19. 

72. School boards have no power to build or remove school houses 
unless directed by vote of the district to do so. No. A 5. 

73. A school board has the right to decide what length of term of 
school shall be held in any one of several schools in a district. No. A 37. 



DIRECTORS. ' 

74. A school boaord is justified, in renting a building for the purpose 
of establishing a school for the benefit of three or four children. No. 

A 89. 

Tuition. 

75. Under the provisions of section 592.5, School Law, '09, when two 
school districts maintain grade and high schools, the pupils along the 
border may attend either the grade or the high school which is most 
convenient. If the pupils of one district attend an adjacent grade school, 
the directors of the district wherein the pupils reside shall pay a reason- 
able tuition to the district wherein the school is most accessible, which 
said tuition shall be agreed upon by the two school boards affected, etc. 
If one of the districts maintains a grade and high school and the other 
one only a grade school, pupils living in the grade district, but more con- 
venient to the grade school in the other district, may attend there and 
the tuition is fixed as above suggested. In case a pupil resides in the 
grade district and desires to attend the high school in the other district, 
he shall not be required to pay as tuition a greater sum than $2.50 per 
month. No. 14. / 

76. There is no legal provision for the payment of tuition out of a 
fund belonging to a school district. If a tuition is charged pupils who 
attend school in a district other than that in which they reside, that 
tuition must be paid by the parents, and not by the district from which 
the pupils come. 

77. The payment of tuition for the school privileges afforded to 
children attending outside of their own district is a matter which the 
boards of the respective districts must arrange between themselves. 

78. The law makes no provision whereby the board of directors of 
a district can appropriate school money to pay tuition for the pupils of 
said district who attend school in another district. 

79. A person, having attained the age of twenty-one years, is not 
thereby debarred from school privileges, but the board may require tuition 
of him. This ruling applies to those who may have been under the age 
of twenty-one at the time the last school census was taken. 

80. The school board of any district has the right to fix the rate of 
and demand tuition from pupils attending from another district. 

81y If the home of a family is certified to be in a district, and if the 
children have been listed upon the school census of that district, the 
children would have the right to attend the school without tuition, even 
if the family spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district for the winter, 
the same rule would apply. 

If the district is the declared home of the family, and if the children- 
have been previously listed upon the census list, they would have the 
right to attend the school without tuition, even if the remainder of the 
family were at present residing elsewhere. 

82. Those pupils who are entitled to attend school in a district 
without' paying tuition are those whose parents or guardians may legally 
claim the school district as their residence. 

83. The laws do not provide for the payment of tuition in high 
school for pupils above the eighth grade from thq public funds of the 
school district. 

84. The school board of a district has the right to exclude children 
from other districts on account of lack of room, and to require tuition 
from pupils who live outside the district. The board has the sole right 
to decide whether or not the children from other localities shall attend 
school in the district. 

85. The law makes no provisions whereby' the pupil's share of the 
general fund can be transferred to the school where he attends in a dis- 
trict other than in the one which he resides. 

53 



' DIRECTORS. 

Fix course of study — special branches — admittance. 

86. It is the duty of the teacher to teach high school studies when 
such studies are prescribed by the board of directors as a part of the 
course of study. 

87. It is the duty of the teacher to teach whatever branches may be 
specified by the school board, since that body is given the right to estab- 
lish a course of study for the school of its district. If the teacher has 
failed to teach the branches requested by the board, it would probably not 
be sufficient reason for the board refusing to sign the warrant for her 
services as teacher for the time she has been employed in the school, yet 
it is possible that it might be held as sufficient grounds for the dismissal 
of said teacher. 

88. The school board of a district has the right to forbid the read- 
ing of the Bible in the schools of the district, under the provisions of 
section 81, school law, 1887, which provides that the school board shall 
have power to fix the course of study, the exercises and the text books to 
be used in the schools of the district. 

89. It is not a part of the duty of the board of directors to decide 
as to the grade in which a pupil belongs. 

90. Article IX, section 7, of the constitution of Colorado, prohibits 
the use of public school money for the teaching of sectarian tenets or doc- 
trines. It is therefore unlawful for a board of directors to require a 
teacher to devote any part of any school day to religious instruction. 

91. A school board would have the right to require work above the 
eighth grade to be done, providing there was nothing in the .contract 
made with the teacher which would give her the right to object to doing 
such work. ♦ 

92. Since the school board has full authority to make rules and 
regulations concerning the management of the schools in a district, the 
board would have the right to fix the times when beginners might be per- 
mitted to enter the schools. 

93. The law gives the entire authority in regard to fixing the course 
of study to the board of directors; and the members of the board can not 
be compelled to furnish instruction in the ninth grade if, in their judg- 
ment, it does not seem best to do so. 

94. A school board has the right to make the regulations concern- 
ing the admittance of pupils to a certain grade of the school when the 
fall term commences, said pupils having failed to pass the examination 
given in the spring, and also to authorize the principal to make such rules 
and regulations and to enforce them as if made by the board as a body. 

95. School boards have authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 
to entitle them to be paid from the school funds, even though such teach- 
ing is done outside of regular school hours. 

96. If a teacher has been employed to teach a certain department of 
a school, the school board would not have the right to close another 
department and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

97. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, a 
special certificate covering the high school branches must be obtained by 

, the applicant who expects to teach in a county high school. 

98. A teacher can not be required to teach instrumental music in a 
school, as the branch is not one included in the requirements of a com- 
mon school course. 

99. A school board in a third class district can not be compelled 
by parents to put in ninth grade studies in the public schools of the dis- 

54 



DIRECTORS. 

trict for pupils past the eighth grade. The school law gives the school 
directors of third class districts the sole right to fix the course of study. 

100. The board of directors of a district fixes the course of study 
for that district. 

101. The directors of third class districts have power to prescribe 
the course of study, and, therefore, may add such subjects as are deemed 
desirable without the organization of a high school. 

102. As between school directors and the county superintendent, the 
latter has advisory powers only in arranging course of study, selection of 
books and grading of schools. 

103. According to the school law of this state, the board of directors 
of a school district has the right to prescribe the course of study for the 
school. If the board prescribes that certain high school or ninth or tenth 
grade studies shall be taught, it may be done, but it is not expected that 
such work shall be a part of the course ,in the district school if it inter- 
feres with the work of the lower grades. 

104. The school law of Colorado (section 81) authorizes the board 
of directors to fix the course of study, the exercises and the kind of text 
books to be used. 

105. A teacher's salary can be legally increased during the term' for 
which he is employed only at a regular or special meeting of the school 
board. 

106. The law does not permit the establishment of a high school in 
an ordinary third class district, nor does it prohibit the introduction of 
certain branches that are termed high school branches, but the law gives 
the entire authority in regard to fixing the course of study to the board 
of directors. The teacher would have no right to introduce high school 
work in the school unles& so instructed by the school board. 

Text hooks. 

107. In case of a new district formed from one in which text books 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 

108. If a school board purchase books to be used by the pupils of 
the district, such books are for the use of pupils attending school within 
such district, and for no other. If residents of the district see fit to send 
their children into adjoining districts, they can not compel the district 
in which they reside to furnish the text books for their children. 

109- The board of directors must furnish books for all pupils when 
instructed to do so by a majority vote of the electors of their district, 
as expressed at any regular meeting or special meeting called for that 
purpose. 

110. In regard to a district board furnishing free text books, the 
provisions of the law mean that a majority of the votes cast upon the 
question of providing free text books for the district shall govern, and 
not a majority of all the electors residing in the district. 

111. The fact that a district has voted to furnish free text books 
to its school children, and has done so for a number of years, does not 
permanently bind the district so to furnish the text books. If brought 
up in the manner prescribed by law, the district may again vote upon 
the matter. 

112. If a school board purchases books to be used by the pupils of 
the district, such books are for the use of pupils attending school within 
such district, and for no other. If residents of the district see fit to send 
their children into adjoining districts, they can not compel the district 
in which they reside to furnish the text books for their children. 

113. When a pupil leaves a school where free text books are fur- 
nished, he has no right to take home with him and keep text books 
belonging to the district. 

55 



DIRECTORS. 

114. Colorado does not have a uniformity of text books. . The school 
law provides that the board of directors in the different districts may 
determine the kind of text books to. be used. 

115. County officials have no authority to purchase text books for 
the schools of the county, using school money for that purpose, nor have 
such officials the right to adopt text books for use in such schools and 
require the various districts to pay for the same. The school board 
determine the kind of text books to be used, and can only furnish free text 
books for the use of all pupils when authorized to do so by the majority 
vote of the district. 

116. In order to . vote on the question of free text books at the 
annual school election, it will be necessary to include in the annual 
election notice a statement specifying the time of such voting. 

School tiouses — rent — repair — huild — remove. 

117. It takes a majority vote of the electors of the school district 
to decide upon a location for the school house. 

118. The district board has the right in emergencies to permit the 
location of the school to be changed temporarily, although it is expected 
that in this as in all other matters the welfare of the whole district will 
be considered. 

119. The site for a school building in districts of the third class 
can be selected or changed only by vote of the electors taken at the 
annual meeting, or a special meeting legally called. 

120. A board of school directors can not legally change the site for 
a school building which has been selected by a legal vote of the electors 
of such district. 

121. When the electors of a school district, at a legal meeting, vote 
to erect a building .on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

122. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special meet- 
ing called for that purpose. Such sale should be made in the manner 
prescribed by the directors, which should be at public sale after proper 
advertisement. 

123. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 
school house in a certain portion of the district, it would hardly be held 
as within the power of the board to defeat the will of the electors by 
establishing a school in some other place. 

124. Under certain conditions other buildings than the school house 
may be used for school purposes if the board so desires. 

125. A school board has the right to make such rules governing the 
use of free text books as it sees fit. Such rules could be passed upon at 
any regular or special meeting and a record of the same should be 
made. A 84. 

126. A school board has the power to require all pupils to be fui'- 
nished with proper and suitable books as a condition of membership in 
the schools. A 18. 

127. A school board can not furnish free text books for the use of 
all pupils except when authorized to do so by a majority vote of the 
district. A 97. . 

128. The school board of a third class district has no right to move 
school buildings unless directed to do so by vote of the electors of the 
district. 

56 



DIRECTORS. 

129. School must be held in a building situated within the boundaries 
of the district. 

130. The departments of a school can not be legally considered as 
separate schools. 

131. The district school board has the full right to decide where 
school shall be held. 

132. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to limit 
the attendance to those pupils recommended by the teachers, and some 
others, and require those who desire to attend the school without the recom- 
mendation to pay their own tuition. It would, however, be legal to estab- 
lish such a school for certain grades, limiting the attendance to the specified 
grades. 

133. The directors of third class districts have no authority either to 
buil.^ a new school house or an addition to an old one unless directed 
to do so by a vote of the electors. 

134 If a majority of the legal votei's of a third class district at a 
special meeting legally called decide that a school house shall be moved, 
it becomes obligatory on the part of the board to move the building. If 
they do not, the voters can compel them by mandamus to move it. The 
school house does not have to stand thirty days after the majority of 
voters have decided to move it. 

13-5 A board of directors of a third class district can not sell, remove 
or tear down a school house unless so directed by a vote of the electors. 

136. The directors of a school district can not legally purchase a 
school site without a favorable vote of the electors. 

137. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

138. The qualified electors when assembled at a special meeting, duly 
called, have the power to fix the site for the school house, taking into con- 
sideration the wants and necessities of the people of each portion of the 
district. There is no authority in law giving the privilege to build upon 
school land without first receiving a grant from the state land board. 
Upon- application to the register of such board, accompanied with plat and 
field notes of the survey, one acre will be granted your district tor school 
purposes. 

139. When a building is to be used for school purposes the board 
have no authority to build such addition or school room except when 
directed to do so by a vote of the district. 

140. A district board, having already constructed and furnished a 
school building, may subsequently erect a coal house or other simple out- 
building, for the convenience' of the school, without a special vote of the 
electors, the outbuilding to be considered an appurtenance or appendage of 
the school building. 

141. If the electors of a school district have voted the specifications 
in regard to building a school house, the site being definitely selected, the 
board of directors could not legally change these specifications, and it 
would be necessary to call another meeting of the electors if thought 
desirable to make a change. 

142. In building a school house the board of directors must keep 
, within the appropriation of the electors. If it is desired to spend more 

money than the original appropriation, a meeting of the electors must be 
held, to determine whether they will authorize the additional expenditure. 

143. The law does not specify the manner in which a school board 
shall proceed in the matter of building a school house or whether such 

57 



DIRECTORS. 

board shall advertise for bids or not. The board is permitted to exercise 
discretion in the matter, having in view at all times the best interests of 
the district. 

144. A board of school directors can not legally change the site for 
a school building, which has been selected by a legal vote of the electors 
of such district. 

145. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special 
meeting called for that purpose. Such sale should be made in the manner 
prescribed by the electors, which should be at public sale, after proper 
advertisement. 

146. The directors of a third class district can not legally purchase 
a school site without a favorable vote of the electors. 

147. The board of directors, in leasing an unused school house, have 
the power to insert in the lease the purpose for which said building shall 
not be used. 

148. The question of constructing a high school building in a district 
of the first class must be submitted to a vote of the qualified electors of the 
district. 

149. If the question of the selling or the minimum selling price of 
the school house was not determined by the electors, it would be wiser for 
the directors to sell at public sale. 

150. A school board has the right to lease a building for school 
purposes for one or more years. No. A 81. 

151. Whether the dii'ectors build one or more school houses is purely 
a matter to be determined by the electors of the district, such authority 
being conferred upon them by the statutes, and the county superintendent 
has no authority to control such discretion. No. 65. 

152. If the electors of the district voted to have a school house built 
in your locality, it is the duty of the school board of directors to carry out 
the valid instructions of the electors of the district. If they refuse to do 
so, they can be compelled by court proceedings in the nature of a 'writ of 
mandamus. No. A 188. 

153. A board of directors has not the power to build a school house 
unless directed to do so at a special meeting t)f the electors of the district 
or at the annual election. No. A 16. 

Custodians of school property. 

154. The school directors constitute the custodians of the school 
property of the district, and may at their option permit the use of the 
school house for other than school purposes. Any money thus obtained 
should be considered a part of the district school fund, and should be 
accounted for accordingly. 

155. The management of the property of the school district is given 
to the school board, it being expected, however, that the board shall take 
care of the property in a manner satisfactory to the electors of the district 
and that the use of the school house is not permitted for improper pur- 
poses. If the property of the district has been abused, any elector of the 
district could take legal steps to put a stop to any further abuse in the 
same line. 

156. A district board has the control of the school house and can not 
be compelled to open the house for other than school purposes, even though 
the citizens of the district so request. 

157. As the school board of any district has the control of the school 
house, if the board sees fit to permit the use of the school house for a 
subscription school it has the right to do so. It may also permit the use 
of the text books owned by the district. It has no right to permit the use 

58 



DIRECTORS. 

of the district's fire wood or to in any way make an expenditure of tlie 
district's money for the subscription school. 

158. The members of the school board are the legal custodians of 
school property and a taxpayer of the district can not dictate for what 
purpose the school building can be used. 

159. If a majority of the board of school directors decide that the 
school house of the district may be used for church purposes, the building 
may be so used. The law gives the charge of the school house and other 
schol property of the district entirely to the school board. 

160. A school board of a district has the right to decide as to 
whether a school house shall be rented for any purpose, it being neces- 
sary, however, that the purpose be one against which no reasonable 
objection might be made by the electors of the district. 

161. If the directors authorize the use of the school house for elec- 
tion purposes, the teacher is entitled to pay for time thereby lost. 

162. If the majority of a school board decides that the school house 
of the district may be used for church purposes, the building may be so 
used, but it has no right to permit the use of the district's money for other 
than school purposes. 

Suspend or expel pupils. 

163. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, it is within the power 
of the teacher to make such reasonable rules and regulations, and to enforce 
them. In the same manner, subject always to the supervision of the board 
of directors. 

164. It is the right and duty of a school board to exclude from a 
public school a boy of school age who is an imbecile. 

1G5. It is the duty of the board of directors to see that school chil- 
dren are vaccinated when required to do so by the local board of health. 

16C. "It has been ruled by Attorney General Engley that a teacher 
has no power to suspend pupils and that the board can not delegate to 
the teacher its statutory power in that matter. However, I consider that it 
vfould be proper to assume that the teacher has the power to temporarily 
suspend, that is, long enough for the matter to be called to the attention 
of the distinct board. It would also seem proper to say that the board may 
act entirely upon the recommendation of the superintendent in regard to 
suspension and expulsion, but the act of suspension must be the act of the 
board." 

167. Every school board has power to suspend or expel pupils from 
school who refuse to obey the rules thereof. 

168. Under the constitution and laws of this state the board of 
directors of any district have power to establish reasonable rules and 
regulations for the government of the schools under their charge, for 
controlling the conduct of teachers and pupils, not only while in the school 
room, but while going to and from the school, and such reasonable rules 
and regulations mav be enforced by suspension, expulsion or corporal 
punishment, as the board of directors may determine. 

169. Power is given to a school board to expel any pupil for bad 
conduct and to refuse to permit him to re-enter the school, if in their 
judgment it is necessary for the welfare of the school. 

170. A pupil can be expelled by the board of directors for any 
offense that in their judgment deserves such severe penalty. 

' ' 171. The power to expel or suspend a pupil from the privileges of 
the schools of Colorado is conferred by law solely and exclusively on the 
school board, and no teacher has the right to perform that act. 

172. The board of directors has exclusive jurisdiction in determining 
•the method of discipline to be employed in the schools under its control. 

59 



DIRECTORS. 

173. The school board have a right to exclude a child under six years 
of age from school. A district board may erect a simple oxitbuilding for 
the convenience of the school, the outbuilding to be considered an appur- 
tenance or appendage of the school building. 

174. A teacher has no power to suspend pupils permanently, but, can 
suspend them temporai-ily until the matter can be called to the attention 
of the board. 

Number of teachers — time. 

175. The law gives school directors the sole power to arrange the 
length of the term, number of teachers to be employed, gi^ade of work to 
be done, etc., in the public schools of the district. 

176. A school board has the right legally to appi-opriate money to 
carry on a second or third school to be located in various parts of the 
School district when the location of the school population seems to demand 
such an arrangement to justly provide educational, privileges for the 
greatest possible .number ot children residing in the district. 

177. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed b3^ the month, and paid a fixed 
sum per month, vacations are deducted, if there is no contract to the con- 
trary. A teacher could Just as lawfully claim pay for the long summer 
vacation as for the customary holiday vacation. 

178. A teacher can not be legally dismissed before the expiration of 
the time for which she is engaged "without good cause shown," and if so 
dismissed she can collect full salary; Provided. She holds herself in readi- 
ness to fulfill her part of the contract. 

179. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occurring during the school term. 

180. A teacher may collect salary to the amount of actual damage 
suffered by the failure of the 'board of directors to fulfill its part of the 
contract. 

181. If a school board closes a school during;, the term on account of 
the prevalence of a contagious disease, the teacher does not lose his pay, 
unless he consents to lose it; Provided. He holds himself in i^eadiness to 
teach, subject to the order of the board. 

182. A teacher may collect salary for the number of months specified 
in the contract entered into with the board of directors of the school dis- 
trict where he teaches; Provided, The directors have not contracted with 
the teacher to pay wages In excess of the revenues for the year. 

183. If a teacher is ready to begin school at the time specified in his 
engagement, and, owing to neglect of duty on the part of the school board, 
can not do so, he is not compelled to make up the time thus lost, but is 
entitled to his salary from the time specified in such engagement. 

184. There is no law authorizing a teacher to draw his salary for 
the two weeks spent in attending normal institute. 

185. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill his 
part of the contract, the board is liable for the teacher's salary for the full 
term agreed upon. 

186. If, with the consent of the directors, a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay for 
the full month. 

187. The directors have full authority to decide how many schools 
shall be conducted in their respective districts and where such schools shall 
be held. 

188. The teacher has a right to her hour's intermission at noon, 
providing she teaches the requisite six hours through the day. She is 

60 



DIRECTORS. 

required to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

189. When a teacher begins work without having entered into a 
definite verbal or written contract with the school board which employs 
her, she has a right to leave the school at any time, and the school board 
has the right to discharge her at the end of the first month's work, and 
also to employ another teacher.. 

190. In case two members of the board at a legally held meeting of 
the board voting a certain sum as the teacher's salary, written notice of 
such action being sent to the teacher, the notice is binding upon the board 
and equal to a contract. 

191. If a school board makes a legal contract either verbal or in 
writing with a teacher, providing for his re-election and specifying the 
salary i-o is to receive, the board could not at a later meeting change its 
action. 

192. A contract to teach made by two directors with the proposed 
teacher is valid, and the person so engaged to teach can collect the 
amount named in the contract as compensation for his services if he 
performs such services in accordance with the terms of the contract. 

193. A school board can not compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con 
tagious disease; Provided, Said teacher holds himself in readiness to 
teach, subject to the order of the board. 

194. The law gives the right to the school board to say how many 
months of school shall be held in excess of the months required by law, 
and also the right to fix the salaries of the teachers employed. The elec- 
tors have no right, legally, to call a meeting to vote upon either of these 
questions, and if such a meeting was held, the school board could not be 
compelled to attend, or to act in accordance with the action taken through 
the meeting. 

195. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

196. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time, 
although the school should lapse by reason of the residents leaving the 
district; Provided, The teacher has fulfilled her part of the contract and 
expresses her willingness to complete the requirements of her agree- 
ment. The school board should have taken into consideration the possi- 
bility of such an event at the time the contract was made. 

197. Since there was no written or verbal contract in regard to the 
length of your school term, you can not compel the board to continue the 
school for any stated time. The school board has the full power to decide 
what the term of school shall be. 

198. A school board can hold a teacher to a contract for the time 
therein agreed. 

199. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher 
absents himself a day or more from his work, he himself being responsi- 
ble for the loss of time, he must make good the loss of time or forfeit 
his pay. 

200. A school board has the full power to employ or discharge 
teachers and to decide what term of school shall be held in a district. 

201. A teacher is not entitled to receive pay for the time lost while 
attending a teachers' examination. 

202. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time. 

61 



DIRECTORS. 

203. The point of the teacher's failure to hold himself in readiness 
to teach is not sufRcient for refusing to pay him for the time the school 
was quarantined, 'since he was there when his services were required 
and the board suffered no actual damage by his absence. 

Furnish clothing for indigent children^ 

204. There is no law authorizing the school board to pay from the 
fund the board of children who live a distance from the school. It is 
the duty of the school board, however, if the parent, by reason of poverty, 
can not properly clothe the child, to furnish necessary clothing and pay 
for the same out of the school fund by warrant drawn as in other cases^ 
but even this fact must be shown to the satisfaction of the board. 

Use of district funds. 

205. The school funds can not be legally used for defraying the 
expenses of a singing school. 

206. A school board can not legally loan the money of the district. 

207. A school board can not legally contract for the work of 
instructing high school pupils to be done by a private party or corpora- 
tion and pay for it out of public school funds. 

208. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another 'district. Any member so misappro- 
priating the funds of the district can be compelled by process of law to 
refund the money. 

209. When funds are used in violation of the law, any elector of 
the district or any county superintendent has the right at any time after 
said funds have been so used, to bring suit to recover the same, the 
members of the school board that signed the illegal warrants being 

, liable for the amount involved. 

210. It Is the duty of the county superintendent to prevent any 
illegal expenditure of funds, and any citizen of the district may at any 
time after any illegal expenditure bring suit to recover the funds illegally 
expended. 

211. The school board has no right to use the school funds in the 
employment of attorneys or other expenses to antagonize the action of a 
board of health. 

212. If an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against 
the individual directors, they must pay their own attorneys' fees. 

213. A district school board has the right to use the fvmds of a 
district to pay for legal services properly engaged for the protection of 
the interests of the district. 

214. The directors have no right to use, or permit the use of, fuel 
paid for from school funds for other than school purposes. 

215. The law makes no provision whereby the board of directors 
of a district can appropriate school money to pay special teachers for the 
pupils of said district who are unable to attend the regular school. 

216. In regard to payment for transportation of pupils to and from 
school, there is no direct provision of the law authorizing such action. 

217. There is no law authorizing the school board to pay from the 
fund, the board of children who live a distance from the school. The 
board can, however, upon a vote of the electors, pay from a special fund 
such board, giving the children the advantage of the school if they 
wish to do so. 



62 



DIRECTORS. 

Potoers of directors tohen district is divided. 

218. When a school district is divided, the directors in each district 
have authority to transact all of the business in such district, including 
the employment of teachers. The board in the old district has no right 
to employ teachers for the new one, and the board of the new district is 
not bound by any pre-existing contract relative to the employment of 
teachers in the new district. No. 11. 

Special levy. 

219. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy can not be made by board of dii^ectors. 

220. There is no limit to the special levy in first and second class 
district' 

221. When the electors have voted a definite special levy for build- • 
ing a school house, the board can not spend in building said school house 
more than the proceeds of said special levy, unless so directed by the 
electors. 

222. The right to levy a 1-10 of a mill tax for library purposes in 
school districts rests entirely with the school board. A vote of the elec- 
tors of the district is not necessary for this purpose. 

Auditing of bills. 

223. The auditing of bills against a school district must be per- 
formed by the board of directors at a meeting thereof, and vouchers or 
warrants issued for the payment of such bills are legal only when issued 
by a vote of a majority of the board at such meeting. 

224. The constitution of Colorado prohibits the creation of a debt 
by loan for building purposes in any other way than by a vote of the 
electors. While a certificate of indebtedness can not be considered a loan, 

'strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt incurred 
by building. 

225. A member of the board has no authority to contract any in- 
debtedness against the district, as contracts of such indebtedness can 
only be made by a majority of the board at a regular meeting. 

Debts. 

226. A debt can only be contracted by a majority of the members 
of the board at a regular meeting, or at a special meeting called for that 
purpose. As the auditing of bills for an indebtedness is an entirely sep- 
arate act from the contracting of the same, it necessarily follows that 
they must be performed at different times. The bills should be audited 
at a meeting of the board of directors, and the vouchers or warrants for 
such indebtedness be ordered issued by a majority of said board. 

Bonds. 

227. Having considered the relation in which the act of 1899 stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 5977q of the school act. 

228. A school district created from organized territory, which is 
already bonded for' building purposes, can issue new bonds to an amount 

'63 



DIRECTORS. 

not to exceed the difference between its share of the present bonded in- 
debtedness and three and one-half per cent, of the assessed value of its 
property, both real and personal. 

229. Bonds can not be voted for sinking an artesian well; but if 
the district has sufficient money in its special fund, it may use that 
money for such a purpose on a vote of the electors. 

230. A school district, has no right to create a debt except through 
bonding the district in accordance with the provisions of section 5942 of 
the school law, and the further provision that warrants may be issued 
before the funds to pay them are actually in the treasury; Provided only, 
That the total sum of such warrant* does not exceed the revenue of the 
district for the year in which they were issued. 

Pupil's residence. 

231. An emancipated minor has a right to declare his residence, and 
is entitled to all the school privileges of the district of which he is, bona 
fide, a resident. 

232. The fact that a person pays taxes in two counties does not 
give him the right to send children to school in both districts in which 
the taxes are paid. A man's residence can only be in one place, and the 
place where the home is permanently located determines the district 
where the children have a right to attend school. 

233. Residence under the school law means a person's real home, 
not temporary abiding place. 

When people move into a town at the beginning of school, expecting 
to return to their permanent home at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. 

234. If the parents or guardian of a child remove from a school 
district, claiming a residence elsewhere, the child is not properly a resi- 
dent of the district from which the parent or guardian has moved. 

235. A child who is living with a bona fide resident of a district 
and dependent upon such resident for a living is entitled to attend school 
in such district free, though the paprents of such child are living in 
another district. 

236. If parents own no home in a particular district, but rent while 
the children go to school there, and return to a ranch which they own in 
another district as soon as school is out, the district in which the ranch 
is located should enroll the children upon the census list. 

237. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out. and having 
a fixed home elsewhere, the children should be enrolled in the district 
where the fixed home is located. 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the district 
where they rent. 

If the mother votes in a certain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled in 
such district. 

238. The fact that one is a taxpayer in a certain county does not 
give him the right to send his children to any school in the county, he 
simply having the right to send his children to the school located in the 
district in which he permanently resides. 

239. A resident's objection to the attendance at school of a child 
from another district is of no effect, provided the board of directors is 
willing to permit such attendance. 

64 • 



DIRECTORS. 

240. The law makes no provision whereby a school board can pay 
the board of a pupil in another district. 

241. There is no law authorizing the school board to pay the board 
of children who live a great distance from the school house, in order that 
they may attend school, out of the school fund. 

242. In regard to whether a person living in a district where there 
are two schools has a right to send his children to either, the matter 
should be controlled by the local board of directors the same as is done 
in cities where the boards control the sending of children to the different 
city buildings. 

243. If a person moves his family into a school district for the pur- 
pose of availing himself of the advantages afforded by that district, and 
subsequently, during the school year, removes from the district, he is not 
a resider.+ of such district, within the meaning of the term as used in 
the school law of Colorado. The following is taken from a decision of 
the supreme court of Wisconsin (N. W. Rep., Vol. 41, page 1014): "Effort 
has been made to guard against the precipitancy of non-residents to 
points where superior advantages exist, and schools of high order are 
maintained, by holding that such children only are entitled to free tuition 
as are actually residing in the district for other reasons, as a main pur- 
pose, than to participate in the advantages which the school affords." 

244. When a family own and part of the year reside upon a ranch, 
but move to another school district for the purpose of securing school 
advantages, they are residents of the district in which the ranch is lo- 
cated, and are entitled to school privileges in the other district only in 
such manner as may be agreeable to the board of directors thereof. 
No. 72. 

General funds. 

245. It is legal to draw on the general fund to pay the janitor who 
is employed in a school. 

246. The general fund may be used for building, furnishing or 
erecting additions to school houses, or for improving the school house, 
sites or lots, only after the expense of maintaining the school for a period 
of ten months in one year shall actually have been paid. 

247. "The general fund may be used only for teachers' wages, and 
necessary current expenses, until the school has been conducted for a 
period of ten months in one year." 

248. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 

2'49. Insurance premiums and attorney's fees are not expenses "in- 
cidental to the support of a public school," and therefore must not be 
paid from the general fund. 

Special fund. 

250. If any surplus funds remain in the special fund over what is 
necessary to meet the regular current expenses of the district, such sur- 
plus may be used to pay past indebtedness. 

251. The law does not give the school board the right, without the 
consent of the electors, to furnish board from the special fund for pupils 
who live too far away to attend. 

Contracts made l)y ioard. 

252. A contract made by a majority of the school board is a legal 
contract; Provided, Such contract is made at a regular meeting of which 
all directors had legal notice. The law makes it mandatory that the 

65 



DIRECTORS. 

president sign all orders on the county treasurer for the payment of 
money; Provided, That no orders sha;il be drawn upon the county treas- 
urer except in favor of parties to whom the district has become lawfully 
indebted. 

253. A contract may be legal if not drawn according to the form 
in the school law; Provided, That both parties to the contract are aware 
of the terms contained in the contract, and provided that such contract 
is made at a regular meeting or at a special meeting legally called, and 
of which all the directors had legal notice. 

254. Two members of a school board in districts of the second and 
third classes can make a legal contract without the consent of the third 
member; Provided, Such contract is made at a regular meeting, or at a 
special meeting legally called, and of which all the directors had legal 
notice. 

255. A teacher is not required to do janitor work in this state un- 
less the contract into which he has entered with the district board dis- 
tinctly states that such shall be the case. 

256. A school board can legally let a contract to a man whose wife 
is a member of the school board, as the fact that the wife is a member 
and is, therefore, excluded from being a party to a contract with the dis- 
trict would in no way affect the husband, who is not a member of the 
school board. 

257. A contract made and agreed to by the majority of a school 
board is a legal contract if properly entered into in all respects. It is 
not in the power of one member of a board to block the action of the 
board by his refusal to do his duty. 

258. A contract made with the president and treasurer of a school 
board would be legal, even if there is a vacancy in the office of secretary. 
A warrant signed by the above named members under the circumstances 
mentioned should be considered a sufficient warrant for recognition by 
the county treasurer. 

259. When a contract is reduced to writing, it is supposed to ex- 
press the intention of the parties, and when such intention is clear it can 
not be changed by oral evidence. 

Teacher's report. 

260. No part of the last month's salary of a teacher should be paid 
until the reports required by law are made and filed according to speci- 
fications. 

Board of health. 

261. The authority of the board of health is paramount to that of 
a school board, and if the board of health passes a regulation requiring 
vaccination of pupils as a prerequisite to admission to the school it is 
the duty of the school board to carry into effect such regulation. 

262. A by-law providing that any pupil infected with smallpox, 
scarlet fever, diphtheria or any other contagious disease, should be ex- 
cluded from the school, would certainly come within the powers of the 
board under the statutes; there can be no reason why a by-law providing 
that a well recognized preventive must be resorted to under pain of ex- 
clusion from school, would not be equally within the powers of the school 
board. 

School land. 

263. A school board, desiring school land for school purposes, are 
required to present their request to the State Land Board, which in the 
past have had many such requests and generally allow one-quarter of an 
acre for that purpose. No. 22. 

66 



DISTRICTS. 



DISTRICTS, OFFICERS AND ELECTIONS. 

5913. School districts to be bodies corporate. 

Attorneys' fees — Jiow paid. 

1. "^f an attorney is employed to defend an action brought against 
the district, then the district must pay his fees; but if brought against 
the individual directors, they must pay their own attorneys' fees. 

5916. Legal school district — when second class districts become first class. 

First class — organized when. 

1. Since the law says positively that when school districts of the 
second class shall attain a school population of 1,000 or more there shall 
be elected one director for three years, one director for four years, and 
one director for five years, etc., it is really obligatoy that a district shall 
organize as a first class district after attaining the specified population. 

2. If a district has exercised the rights and enjoyed the privileges 
of a legally and regularly established district for one year it is, according 
to law, a legal district. No. A 123. 

ORGANIZATION OF DISTRICTS, ETC. 
5907. Organization of new districts — petition — unorganized territory. 

How legally organized. 

1. A new district can not be legally organized out of a portion of 
one or more old districts, with fewer than ten persons of school age 
residing therein. 

2. Renters renting by the year, and having no other home, may 
send their children to the school in the district in which they reside, and 
that district may enroll them, or, in other words, they can be counted 
among the ten necessary to form the district. 

3. In the organization of a new district, it is legal to take cogniz- 
ance of persons of school age residing within the limits of the proposed 
new district, whether the said persons are on the census list or not. 

4. It is not necessary that there should be ten persons of school 
age in territory detached from one district and attached to another, but 
there must be left twenty persons of school age in the district from 
which such territory is taken. 

5. There is no law prohibiting the school district which includes the 
county high school from separately establishing and maintaining a high 
school in said district, providing it is a first or second class district. 

6. The law provides for no definite number of children in order to 
organize a school district from unorganized territory. 

7. No district shall hereafter be divided for the purpose of form- 
ing a new district: 

1. Unless it contains an area of more than nine square miles and 
the portion remaining contains not less than twenty children of school age; 

2. Or has an assessed valuation of more than $20,000, and forty 
children of school age, and the portion remaining contains twenty per- 
sons of school age. 

6T 



DISTRICTS. 

Size of territory. 

8. A district having an area of less than nine square miles can not 
be divided for the purpose of forming a new district. 

9. It is not absolutely necessary that nine square miles of territory 
be included in the organization of a new school district. 

10. In unorganized territory there seems to be no limitation on the 
size of the district, nor no supervising power over its formation, placed 
in the county superintendent. 

Twenty children in old district. 

11. A school district can not be legally divided so as to leave fewer 
than twenty persons of school age in the old district. 

Organisation of. 

12. At the meeting held for the purpose of determining whether or 
not a new district shall be organized, only those living within the 
boundaries of the proposed new district have a right to vote. Those 
living in the district from which the new district is to be. formed have 
no voice in the matter. 

13. The conditions prescribed for the formation of a new school 
district out of unorganized territory do not apply to the formation of a 
new district out of on'e or more old districts. (Section 85 of the 
school law.) 

14. Under the statute the judgment of the county superintendent 
in matters of the division of school districts is final. 

15. A two-thirds vote of the electors is necessary in order to 
organize a new district from old districts. 

16. It is not required by law that the petitioner for territory to 
be annexed to a school district should be the owner of such territory. 

17. Organized territory can not be legally detached from one dis- 
trict and added to another by the county superintendent without a 
petition from the residents of the territory, except in cases where the 
boundaries are conflicting. 

18. A portion of unorganized territory may be annexed to a school 
district by the county superintendent upon petition of the majority of 
the legal voters resident within the territory to be so annexed. 

19; More than one section of unorganized territory may be added 
to the district upon petition to the county superintendent of a majority 
of the legal voters within the territory. 

20. In the absence of a showing to the contrary, it will be pre- 
sumed that the county superintendent complied with the law in hearing 
and determining the appeal, and therefore that the change of boundary 
was properly made, but, even in the absence of such showing, as these 
two districts have continued to exercise undisputed the prerogatives and 
enjoy the privileges of legally formed districts for a period of nearly 
twelve years, they will now be considered legally formed districts. 

Organization optional with county superintendent. 

21. The county superintendent exercises his own discretion in the 
matter of organizing a new district, even though a petition may have 
been duly presented. 

22. In the matter of the presentation of a petition for the organi- 
zation of a new district, the statute provides that if, in the judgment of 
the county superintendent, the school interests of the districts will be 
promoted by the proposed change, he shall direct some one of the petition- 

68 



DISTRICTS. 

ers, who is a legal voter, to notify each elector residing within the district 
so to be formed, etc., to attend a meeting, at which the question of organ- 
izing a new district shall be determined by vote of.the electors. 

This language leaves it entirely to the discretion of the county 
superintendent whether or not he will call such meeting, or whether or 
not the best interest of the districts will be promoted by such change. 
The matter is not subject to review by the state board of education, 
unless it appears that there is an absolute abuse of such discretion. 

23. It is not within the province of the state superintendent to 
take any part whatever in the organization of a new school district. He 
may, however, as a member of the state board of education, pass upon 
the legality of such organization when an appeal is taken to the board 
from the decisions of the county superintendent. 

'^'. The matter of organizing new school districts is one mainly in 
the discretion of the county superintendent of schools, subject to the 
provisions of section 86 of the school law, providing that no city or town 
shall hereafter be divided into two or more districts, and the districts 
of the first class shall not be divided except upon a vote of the electors 
of the district, and that no district shall be divided for the purpose of 
forming a new district unless it contains more than nine square miles, 
nor unless the remaining portion of the district shall contain twenty or 
more persons of school age. 

25. The county superintendent has the right to grant or not to 
grant a petition for the establishment of a new district, and the state 
superintendent has no right whatever to compel any county superintend- 
ent to grant such a petition if, in the county superintendent's judgment, 
it is not wise or desirable. 

26. The county superintendent has the right to exercise his own 
discretion in regard to the annexation of a portion of one district to 
another. 

27. The county superintendent is under no obligation to transfer 
territory from one district to another, even though a petition as pre- 
scribed by law has been presented to him asking for such transfer. 
He will change boundary lines only when in his judgment the educa- 
tional interests of the districts affected will thus be best promoted. 

When district liable for debts. 

28. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. A 
remote part of the district can not take steps, after bonds have been 
voted and before they are issued, to set itself apart and form a new 
district, thus avoiding its liability for interest and principal on the bonds. 

29. A new school district is liable for its pro rata share of the 
indebtedness. 

People vote on free text books. 

30. In case of a new district formed from one in which text books 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 

5908. New districts — how organized — election of directors. 

' Election of directors. 

1. The question of forming a new district out of a portion of 
another must be submitted to a vote of the people residing in the 
proposed new district. See section 5907, School Law, '09. 

69 



DISTRICTS. 

2. In the forming of a new district, after the date set for the 
annual school election, the board of directors are elected who shall 
hold office until the ensuing regular election. See section 5908, School 
Law. '09. 

If an election is held when there is no board of directors, the 
qualified electors, when assembled, shall organize by electing a chair- 
man and secretary; after the organization of such meeting they proceed 
to elect, by ballot, a board of directors. 

The electors of the proposed new district must be assembled and 
the time it takes them to cast their votes would determine the time 
necessary for the ballot box to be open. The board could not, be 
elected until the organization is voted on; therefore, other business of the 
district could not be conducted at the time the ballot box is open. A 88. 

Two-thirds vote necessary to organize. 

3. A two-thirds vote of the electors is necessary in order to 
organize a new district from old districts. 

4. In the organization of a new school district, the law requires 
two-thirds of the votes cast to be favorable. 

t 

Territory required. 

5. It is not absolutely necessary that nine square miles of terri- 
tory be included in the organization of a new school district. 

6. A district having an area of less than nine square miles can not 
be divided for the purpose of forming a new district. 

Number left in old district. 

7. As to whether, in counting the number of pupils left in a district 
after a division has been made, the count is made from the present actual 
residents or from the number contained in the last census list, clearly it 
is expected that twenty persons shall actually be shown to be residing 
in the district after the division is made. 

8. A school district can not be legally divided so as to leave fewer 
than twenty persons of school age in the old district. 

9. No old district can be divided and form a new district, unless it 
contains an area of more than nine square miles, or has an assessed 
valuation of more than $20,000.00 and forty children of school age, nor 
can it be divided if the remainder of the district is left with fewer than 
twenty persons of school age in it. 

Term of office in new district. 

10. Members of a school board elected in a new district hold office 
only until the ensuing general election of the May following. 

11. When directors for a new district (not of the first class) are 
elected they hold office only until the ensuing regular election, when a 
full board shall be elected, as indicated in section 69, viz.: One (1) 
president for three (3) years, one (1) secretary for two (2) years and 
one (1) treasurer for one (1) year; and annually thereafter there shall be 
elected for three (3) years a person to fill the vacancy then occurring. 

12. When new school districts are formed out of an old district, 
that portion of the old district that retains the original number should be 
considered the old district, and any member of the school board residing 
in that part of the old district that continues to exist as the old district 
should fill out his full term for which he was originally elected. 

70 



DISTRICTS. 

Family transferred to another district. 

13. In the organization of a new district, the county superintendent 
may transfer a family to another district. 

H. If the organization of a new district works great hardship to 
any head of a family, a statement of the facts may be submitted to the 
county superintendent and two disinterested persons, one to be named 
by the superintendent and one to be named by the person affected. If, in 
their judgment, good cause is shown for the transfer of the pupil, he may 
be transferred to another district. No. A 99. Section 5908, School 
Law, '09. 

County superintendent use discretion. 

15. The matter of organizing new school districts is one mainly in 
the discretion of the county superintendent of schools, subject to the 
provisions of section 86 of the school law, providing that no city or toWn 
shall hereafter be divided into two or more districts, and the districts of 
the first class shall not be divided except upon a vote of the electors of 
the district, and that no district shall be divided for the purpose of form- 
ing a new district unless it contains more than nine square miles, nor 
unless the remaining portion of the district shall contain twenty or more 
persons of school age. 

Failure to make annual report. 

16. A school district, having kept up its organization and main- 
tained a four months' school during the year, can not be annulled merely 
for the reason of having .failed to make the annual report. The secretary 
of the district is the culpable party in such a case, and is liable on his 
bond for any loss that may result to the district by reason of his negli- 
gence. 

Text hooks — vote of people. 

17. In case of a new district formed from one in which text books 
are furnished free, the question of supplying free text books in such new 
district must be submitted to a vote of the people. 

Appeal from arbitration committee. 

18. The appeal should be made to the county superintendent within 
thirty days after the decision of the arbitration committee and the basis 
of the proceeding shall be according to section 4 and section 5, school 
law. It is only after the decision of the county superintendent that an 
appeal may be made therefrom to the state board of education. 

5909. Uniting two or more districts — territory annexed or detached. 

Uniting upon petition of legal voters. 

1. A portion of unorganized territory may be annexed to a school 
district by the county superintendent upon petition of the majority of the 
legal voters resident within the territory to be so annexed. 

2. More than one section of unorganized territory may be added to 
the district upon petition to the county superintendent of a majority of 
the legal voters within the territory. 

3. A county superintendent has a right to detach a portion of one 
district from said district and attach it to a contiguous district upon 
petition of a majority of the legal voters residing within the territory to 
l^e so annexed. It is not necessary that the consent of the voters residing 
in the district to which the territory is to be annexed should be obtained. 

4. In the case of a petition from one district asking to be united as 
ai, whole to another district, it is not necessary that the signers should be 
taxpayers, but they must be legal voters. 

71 



. DISTRICTS. 

5. There is only one way in which a portion of a school district 
may be detached from said district, and that is in accordance with the 
last portion of above section, which gives the county superintendent the 
right to detach territory in one school district and annex it to another 
school district upon petition in either case of a majority of the legal 
voters of the territory to be annexed. 

6. It would be illegal to detach property from a certain school dis- 
trict, leaving it as unorganized territory, since the only provision made 
for detaching territory is upon petition requesting that said territory be 
attached to some other district. 

7. Organized territory can not be legally detached from one district 
and added to another by the county superintendent without a petition 
from the residents of the territory, except in cases where the boundaries 
are conflicting. 

8. When a school district has been annulled and its * territory is 
being annexed to other districts, people wishing to become members of 
other districts may petition to have land other than their own, and on 
which no one is residing, annexed with their land to other districts. 

9. Colorado has no law permitting any of its districts to be united 
with adjoining districts in other states. 

10. Section 5909; School Law, '09, provides that a portion of one 
district may be detached therefrom and annexed to another contiguous 
district, and gives the method of procedure. No. 56. 

Contiguous — lohen voted upon — notice. 

11. The question of uniting two contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the purpose 
of the meeting must be posted at least twenty days before the time the 
meeting is to be held. The notices for the annual meeting will be suffi- 
cient notice if, in addition to the notice of the election, a statement of the 
special business to be transacted is made, and at least three notices are 
posted in the district twenty days previous to the date of the meeting, 
instead of the six days' notice, which is all the time that is required for 
the annual meeting. 

Debts of detached territory. 

12. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. 

13. The board of directors of a district can not legally transfer the 
funds of that district to another district. 

Annulment — grounds. 

14. If a district is entirely deserted and has failed to make report, 
etc., as specified in section 89 of the school law, the county superintendent 
should declare it annulled and annex it to an adjoining district simply 
by declaring it so added, and making the proper record. The act of 
uniting the two originates and concludes with the county' superintendent, 
subject only to the restrictions specified in the law. 

Transferring of territory. 

15. A tenant may be set over to an adjoining district, even if the 
owner of the land objects to it, if done in accordance with the provisions 
of the above. 

16. Unoccupied land can only be transferred from one district to 
another when transferred with other territory upon which people reside. 

72 



DISTRICTS. 

No provision is made for simply detaching territory fi-om a district, 
so that a person who can not send a child to a school held in the district 
will be exempted from paying the special tax. 

17. The county superintendent can not transfer territory from one 
district to another, except when both districts are located in the county 
of which he is superintendent. 

18. There is no reason why the territory of a duly annulled district 
should not be annexed to an organized district, regardless of whether 
the latter was bonded at that time or not, as only the property of the 
new district, which was included in the original territory of the bonded 
district, would be liable for the payment of the bonds. 

Annexed territory — census. 

19. If territory is added to a district after the annual census of 
that district has been taken, the names of persons of school age residing 
in the annexed territory should be added to the census list and the 
district given its per capita for such additional names. 

5911. Organization of joint districts. 

Territory attached or detached. 

1. Territory belonging to a joint district can not be detached from 
or attached to an adjoining district without the consent of all the county 
superintendents interested in such joint district. 

2. The only way in which any portion of a joint district can be 
taken from the joint district and annexed to another is by going through 
the procedure mentioned in above section. The joint district would have 
to Urst be annulled with the consent of the county superintendents and a 
majority vote of the electors of said joint district. The territory should 
then be annexed to the other district, in accordance with the require- 
ments of section 5909. 

3. A portion of a joint district can be detached from said district 
and attached to another only under the provisions of above section, 
unless cause for annulling the district exists. 

Formed hy dividing counties. 

. 4. In the organization of new counties hj the general assembly the 
county lines, in"^ few cases, divided organized school districts into two 
parts, leaving the district in two counties; in such case, the district 
should be considered as a joint district. 

Elections. 

5. The general law in regard to the election of school directors 
applies to a joint district just as to any other. 

Who may vote. ^ ■ 

6. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matters of bonds, which requires a voter to be also a taxpayer. 

, Attached to union high school in another county. 

7. A district in one county may be attached to a union high school 
district existing in another county. 



73 



DISTRICTS. 

Secretary's l)ond — warrants. 

8. In a joint district the secretary of such district should file a 
bond in both counties and the board should draw warrants on each 
county treasurer. 

Consolidated districts. 

9. The statute has made no provision in regard to the question 
whether several districts consolidated under the act of 1909 are jointly 
liable for the bonded indebtedness of one of the districts. It seems that 
the indebtedness can not be collected from other than the property first 
bonded. It is my opinion that the property originally bonded would 
have to pay the indebtedness due. No. 77. 

5910. When new district sliali be entitled to public school money. 

School actually commenced. 

1. A newly organized district is not entitled to a share of the 
general fund (state and county) until a school has actually begun in 
such district. 

2. No new district is entitled to any portion of the public school 
fund until a school is actually commenced therein. This, however, would 
not necessarily exclude a district whose school might be found to be 
located outside of the district line through accident, if the school had 
been commenced in good faith. 

3. Where a school district newly organized commences school in 
good faith in a certain building, and supposes the building where the 
school is held to be within the boundaries of the district, it would be 
entitled to draw its share of the public funds, notwithstanding the fact 
that the building is discovered, after the school has commenced, to be 
outside of the limits of the district. 

4. A new school district, as soon as its organization is complete, is 
entitled to its share of the special fund standing to the credit of the old 
district, of which it was formerly a part; also to receive each month its 
share of the uncollected special tax; Providing, always. That a school has 
been commenced in the district in good faith. 

Failure to open school within six months. 

5. Failure to open a school in a newly organized district within six 
months from the date of organization makes void all proceedings per- 
taining to the formation of the district, unless the time for opening a 
school therein be extended to eight months by the county superintendent. 

6. In regard to the distribution of funds, upon the creation of a 
new district, a ruling or decision of the county superintendent should 
be had thereon, and if interested parties are not satisfied, an appeal can 
be taken, as provided in the school law. No. 74. 

Territory attached and detached. 

7. Territory annexed to a school district is liable for the debts of 
the district from which it was detached to the extent of the tax already 
levied against such territory at the time of the division of the district. 

8. Territory detached from a district which has been bonded is not 
released from taxation to pay both principal and interest of such bonds. 
Such detached territory is liable for such taxation until the bonds have 
been fully discharged, the same as if it had remained a part of the orig- 
inal district. 

9. Lands to which title has not been obtained from the government 
at the time school bonds are issued by a district of which such lands 
form a part are not subject to tax for the payment of such bonds. Hence, 

74 



DISTRICTS. 

if said lands are set off or detached from the district before title is per- 
fected, they are not subject to a bond tax in the original district when 
title is complete. 

10. A remote part of the district can not take steps after bonds 
have been voted, and before they are issued, to set itself apart and form' 
a new district, thus avoiding its liability for interest and principal on 
the bonds. 

11. Territory belonging to a joint district can not be detached from 
or attached to an adjoining district without the consent of all the county 
superintendents interested in such joint district. 

12. Territory detached from a district which has been bonded is 
not released from taxation to pay both principal and interest of such 
bonds. Such detached territory is liable for such taxation until the bonds 
have been fully discharged, the same as if it had remained a part of the 
original district. i 

Transfer of general fund. 

13. A school district can not lawfully transfer its apportionment of 
the general fund or any portion thereof to another district. 

Annulment of district. 

14. According to the law, whenever any district shall, for a period 
of one year, fail to maintain a school and keep up its organization of 
officers, and to make an annual report as , required by law, the county 
superintendent may declare such district annulled, and annex its territory 
to adjoining district or districts, but such action must be taken by county 
superintendent before such district ceases to exist. 

15. There is no law providing for the annulling of a portion of a 
district that it may become unorganized territory, and it does not seem 
good policy to do so. 

16. If a district is entirely deserted and has failed to make report, 
etc., as specified in section 89 of the school law, the county superintendent 
should declare it annulled and annex it to an adjoining district simply 
by declaring it so added, and making the proper record. The act of unit- 
ing the two originates and concludes with the county superintendent, 
subject only to the restrictions specified in the law. 

17. A district may be annulled when, for the period of one year, it 
has failed to maintain a school, keep up its organization of officers, and 
make its annual report as required by law. 

When not annulled. 

18. "Whenever any district shall, for a period of one year, fail to 
maintain a school and keep up its organization of officers and to make 
its report as required by law, the county superintendent may declare 
such district annulled and annex the territory to an adjoining district 
or districts." Therefore, the mere fact that school has not been held in 
a district is not sufficient to warrant the county superintendent in annul- 
ling the district. 

19. A school district, having kept up its organization and main- 
tained a four months' school during the year, can not be annulled merely 
for the reason of having failed to make the annual report. The secretary 
of the district is the culpable party in such a case, and is liable on his 
bond for any loss that may result to the district by reason of his negli- 
gence. 

' 20. Four months of school in each school year are necessary in 

order that a district may hold its organization. Three months of school 
are necessary to entitle a district to its share of the public funds. This 
practically makes four months of school necessary in each district. 

75. 



DISTRICTS. 

21. A district in which there are no pupils of school age residing 
may keep up an organization for an indefinite time by electing officers 
and making all necessary reports. 

22. If the county superintendent does not declare the district an- 
nulled, and it maintains a public school at least three months of the 
school year, it shall be entitled to the school fund for that year. This 
does not conflict with the decisions referred to, since a district is not 
annulled, except as the county superintendent declares it so. 

Disposition of fund — wJien district annulled. 

23. If a school district has failed to hold school for one year, and 
has failed to keep up its organization, the funds belonging to such district 
should be turned into the county general fund, unless its territory is 
attached to another district, in which case the money should be trans- 
ferred to the district to which it is attached. 

24. The fund belonging to a district declared annulled should be 
turned into the county general fund. If its property is attached to an- 
other district or districts, each district shall own and hold all permanent 
property, such as sites, school houses and furniture situated within these 
boundaries. All division of funds shall be apportioned by the county 
superintendent, whose duty it shall be to apportion said money monthly, 
between the fractions of the divided district, according to the location of 
the property on which said tax was levied. 

5912. When new district entitled to share of funds — apportionment. 

When district can not he annulled. 

1. "The above section of the school law provides for distributing 
any school funds remaining to the credit of a district when a new one is 
formed from one or more old ones, but there is no law, providing for the 
payment of the indebtedness of a district, in case it should be disorganized 
and wiped out of existence. The legislature never intended that a school 
district should be disorganized until all its outstanding obligations are 
provided for. The superintendent may declare the district annulled, and 
at the same time provide in the order in which it was contracted for the 
payment of such indebtedness by the district to which the territory should 
be attached, providing such district should consent thereto. He certainly 
should not make an order annulling the district until some provision is 
made for the payment of its outstanding warrants, and if he has done so, 
in any case, it could not have the effect to cancel such Indebtedness or 
make it invalid." 

Teacher. 

2. When a school district has been divided, in the division of funds 
between the old district and the newly organized district, the clause in 
above section which states that, "after providing for all outstanding debts, 
etc.," can not be interpreted to mean contracts made with teachers for 
certain months of school which are yet untaught. No debt exists for the 
months of teaching which are yet to come. 

3. Where a school district is divided, the directors in each district 
have authority to transact all of the business in such district, including 
the employment of teachers. The board in the old district has no right 
to employ teachers for the new one, and the board of the new district is 
not bound by any pre-existing contract relative to the employment of 
teachers in the new district. No. 11. 

4. Where a district is divided into two, the law confers upon the 
board of the new district all the powers possessed by any board of direc- 
tors of the same class, and in providing for such division, provision is 
made for all outstanding debts and not for future indebtedness. There- 

76 



DISTRICTS. 

fore, teachers employed by the board, covering the old district, can not 
bind the new district. No. 44. 

Census Ust. 

5. If territory is added to a district after the annual census of that 
district has been taken, the names of persons of school age residing in 
the annexed territory should be added to the census list and the district 
given its per capita for such additional names. 

6. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the mother 
has one legal residence and the father another, the residence of the mother 
determines the residence of the children. 

Transfer of funds. 

Certificates of indebtedness. 

8. A certificate of indebtedness simply means a certificate signed 
by the officers of the district certifying that the district is indebted to 
the holder in the specified amount. Second, the law provides that this 
shall be drawn upon the revenues of the following year, when it is the 
duty of the board to make a levy sufficient to pay this indebtedness and, 
when such revenues are collected, the certificate of indebtedness should 
be paid. No. A 160. 

5914. Districts may Field real estate — proviso. 

Power to condemn. 

1. Upon showing that such action is necessary for the location and 
construction of a school house, and convenient use of the school, directors 
may, under the "Eminent Domain Act," condemn land as above provided, 
and the owner must accept the amount of damage awarded. 

2. Section 15, article 11, of the constitution, gives the right, and 
chapter 45 of Mills' Annotated Statutes, as amended, provides a complete 
plan of procedure for condemning private property for public use. 

Belongs to school district. 

3. When land has been taken by a school district under the pro- 
visions of the "Eminent Domain Act," if it has been used for school pur- 
poses and no other, it belongs to the school district, and not to an indi- 
vidual who has recently made purchase of the quarter section of which 
such acre is a part. The individual purchasing the land can not collect 
rent from the district and can not demand pay for the land. 

Title obtained through individual. 

4. A school district can not perfect a title to land, as this is the 
power of an individual only. Before the district purchases the land the 
patent should be issued to some one, otherwise the title would be insecure. 

Building on school land. 

5. There is no authority in law giving the privilege to build upon 
school land without first receiving a grant from the state land board. 
Upon application to the register of such board, accompanied with plat and 
field notes of the survey, one acre will be granted your district for school 
purposes. 



77 



ELECTIONS. 



5918. Annual elections — notices posted — publication — ballot. 

Annual election — place — time — notice, 

1. The regular annual election for members of school boards is 
held on the first Monday in May throughout the state. Any business 
pertaining to schools and school interests may be transacted at that time. 
Notice, however, must be given of the "time and place" of such business. 

2. It is not possible for school districts of the third class to have 
more than one voting place. 

3. The question of uniting two contiguous school districts may be 
voted on at the annual school meeting in May, providing the necessary 
notice for a special meeting be given — that is, notices stating the pur- 
pose of the meeting must be posted at least twenty days before the time 
the meeting is to be held. The notices for the annual meeting will be 
sufficient notice if in addition to the notice of the election, a statement 
of the special business to be transacted is made, and at least three 
notices are posted in the district twenty days previous to the date of the 
meeting, instead of the six days' notice, which is all the time that is 
required for the annual meeting. 

4. In accordance with section 92, school law, if the notice of the 
annual election for the election of a member or members of the school 
board is posted in three places as specified in such section, for the 
required length of time before the election, and sets forth that such 
election will be held on the first Monday in May, and designates the 
place where the same shall be held and the continuous hours, not less 
than three, during which the ballot box shall be open, would be a legal 
election, for a member or members of such board, without specifying the 
particular officer or officers to be elected. 

5. A change in the place of election from the one specified in the 
notices posted can never legally be made. 

6. The board of directors determines the place or places where an 
election shall be held, and the secretary gives notice in accordance with 
such direction of the board. 

7. A failure to give the required notice by the secretary would 
not necessarily render the regular annual school election void. 

8. Where the notice of a regular annual school election given by 
the secretary names an unusual hour for the holding of such election — 
say from 6 to 9 o'clock a. m. — the fact that a majority of the residents 
object to the time specified in the notice and undertake to give notice 
for an election at a more convenient hour — say from 9 o'clock a. m. 
to 12 o'clock m.^is conclusive evidence that such majority had notice 
of the time and place fixed by the secretary in his notice, and unless it 
would be practically impossible to hold an election at the hour named 
in the secretary's notice, an election held pursuant thereto would not 
be invalid because of being held at an unusual hour. 

9. The law provides that notices of the regular election for electing 
members of school boards shall be posted at least six days previous to the 
time of election, and in f rst and second class districts the m mes ot the 
candidates shall be published or posted for five consecutive days preced- 
ing the election. 

10. A change in the time of election can not legally be made within 
six days prior to election day. 

78 



ELECTIONS. 

11. The law does not designate of what the ballot box shall consist. 

12. There is no provision in law by which directors in a district of 
the second and third classes may appoint judges. However, the electors 
present shall appoint a legal voter to fill the vacancy should any of the 
judges be absent at the opening of the polls. 

13. The law specifically states that the ballots shall contain the 
printed or written names of the candidates to be voted for, but makes no 
further provision regarding numbers or distinguishing checks of any kind 
for purposes of identification. 

14. A ballot containing the printed or written name of a legal 
candidate cast in a legal manner is sufficient. 

15. There is no provision of law requiring an elector selected as a 
judge of election in a second class district to take an oath as such judge. 

16. The result of a school election must stand as announced by the 
judges until set aside by the courts in a contest proceeding. 

17. The law relative to the election of school directors provides 
that certain ones shall be elected at the time of the organization of the 
district, in whatever year that may be; and thereafter, the particular 
offices to be filled must be determined by the requirements of section 
5915, School Law '09. No. 20, 

18. If votes are cast for some one else other than the regular 
candidates, they can not be counted. No. A 27. 

19. It is the duty of the secretary of the school board to post 
notices specifying the day and place or places of such election, etc., and 
if the secretary fails to give such notice, then any two legal voters 
residing in the district may give such notice over their own names, and 
such election may be held after the date fixed for the first election. No. 
A 22. 

Polls open three hours. 

20. A school election at which the polls are not kept open three 
hours and the voting done by ballot is illegal. 

21. It is lawful for the ballot box for voting on the question of 
bonding the district to be open at the same time as the one for the elec- 
tion of school officers. 

22. School law definitely states that when the question of bonded 
debt is submitted to voters the ballot box shall be kept open as provided 
in section 92, which definitely states that the ballot box shall be kept 
open not less than three hours. If it can be proven that no one presented 
themselves for the purpose of voting during the hour after the polls 
closed, I would not raise the question of the legality of the vote. 

Special meeting — notice. 

23. A special meeting posted on annual blanks was sufficient notice, 
if a statement of the special business to be transacted was made and the 
notice was posted previous to the annual election. 

Tax levy reconsidered — when. 

24. While the law does not permit the changing of a tax levy made 
at the annual meeting in May, and certified to by the school board of 
the district, the district would have a right to call a special meeting to 
vote an additional special tax of two or any other number of mills that 
would be inside the IJmit up to which a third class district is permitted 
to levy. This is not in any way to be considered as changing the original 
levy, but simply voting an additional levy. 



79 



ELECTIONS. 

School board when not bound by action of the electors. 

25. A school board does not have to carry out all motions made 
and carried at the annual meeting of electors, unless such motions cover 
matters upon which the electors are entitled to pass. 

Moving building — vote. 

26. In order to vote upon the question of moving a school building, 
at an annual election, such contemplated business should be stated in 
the notice. The majority vote necessary to carry the same refers to 
the voters present, and not to all the electors of the district. 

5919. Qualifications of electors — sex — oath — penalty for illegal voting — 
proposition to create debt. 

Qualifications of electors. 

1. If persons spend the winter in town, voting in the town in the 
fall, and return to their homes in another district less than thirty days 
previous to a school election, they are not entitled to vote, since their 
action in voting in the November election is a declaration of their resi- 
dence in the town. 

2. Every person, male or female, over the age of twenty-one (21) 
years, who shall be a citizen of the United States, and shall have resided 
in this state twelve (12) months immediately preceding the election at 
which he offers to vote, in the county ninety (90) days, and in the dis- 
trict thirty (30) days, shall be a legal voter at an annual school election. 

3. The law provides that no person except a qualified elector shall 
be elected a school director, and to be qualified he shall have resided in 
the county ninety days, in the city or town thirty days, and in the ward 
or precinct ten days, and in the school district thirty days. 

4. At elections in school districts to determine whether or not 
bonds shall be issued, only those having paid a school tax are entitled 
to vote, and the wife of a man who has paid taxes is not entitled to vote 
unless she also has paid the property tax required by the statute. No. 30. 

5. In third class districts — that is, districts having under 350 school 
population — the provision of section 5919, requiring eight days' notice of 
candidacy, is not applied. It is only in districts of the first and second 
class — districts having over 350 school population — that candidates are 
required to file written notice of such intention with the secretary of the 
school district at least eight days prior to the day of holding the annua] 
election. 

6. The fact that an elector is not a taxpayer does not disqualify 
him from holding office, either by election or by appointment. 

7. There is nothing illegal in a man and his wife being members 
of the same school board. Since more than one director may be elected 
from the same family. 

8. Section 5919, as amended by implication by article VII of the 
constitution, makes it necessary in order to be a qualified elector of this 
state, to be a citizen of the United States and to have resided in this state 
twelve months immediately preceding the election at which he offers 
to vote. 

When election illegal. 

9. An election is not illegal simply because some persons were not 
permitted to vote, even if it is shown that such persons had a right to 
vote. If the ballots excluded would change the result of the election 
there would be strong grounds for contesting the election. The law 
does not provide for the imposing of fines upon members of school boards 
"vho have not allowed persons to swear in their votes. 

80 



ELECTIONS. 

10. If the candidate who received the twenty votes was not a quali- 
fied elector, his election was invalid, and a special election should be 
called by the board within ten days and notice be given as required for 
regular election. 

11. It is not within the power of the county superintendent to 
declare an election illegal, since it is the function of the courts to 
determine that rp.atter. No. 49. 

12. If a school election is held and the polls are not kept open 
three hours and the voting done by ballot, such an election would be 
illegal and there would be no election. No. 39. 

Judge of election must take oath. 

13. A school board can not legally appoint any one to act as judge 
of a school election without requiring such person to take the oath for 
the same. 

Special election. 

14. In districts of the second class in case there is no regular 
nominee an election can not be legally held, and a special election should 
be called by the board within ten days, or in case of the failure of the 
board to have properly called such a special election, the county super- 
intendent should appoint. 

Residence of director. 

15. If you are not a resident of the district you could not legally 
be elected as a director of that district. 

16. Actual residence determines one's voting place. The fact that 
a person has "taken up" a homestead, but is not at the time he offers to 
vote located upon his homestead, does not deprive him of the right to 
vote in the place of his actual residence. If a person is holding a home- 
stead claim in good faith, he must retain his residence in the school dis- 
trict in which said homestead is located. 

17. In the case of a person who had lived in a district for over a 
year and a half and who, after teaching six weeks in the district, went 
away for a certain time, expecting to return, if such a person claimed as 
his residence the district in which he had resided for over a year and a 
half, he would bje entitled to vote in the district if possessed of the other 
legal qualifications. 

When an elector not a taxpayer can vote. 

18. Any person not a taxpayer, but otherwise a legal voter, is en- 
titled to vote at a regular or special district school meeting upon all mat- 
ters coming before such meeting, except upon a proposition to contract a 
debt by loan. 

19. It is not necessary that an elector voting to place free text books 
in a school should have been a taxpayer in the school district for the year 
preceding the election. 

20. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

Must be taxpayer to vote on bonds. 

21. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

81 



ELECTIONS. 

Who may challenge oath. 

22. A person residing outside of the boundaries of a proposed new 
district has no legal right to challenge a voter residing within the same. 

23. The president of a school board, when acting as a judge of elec- 
tion, can administer the oath to a challenged voter, the fact that the 
president requires the oath being equivalent to a challenge. 

- Procuring site for school house. 

24. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First, 
that a vote is necessary; second, that if the land were purchased without 
such a vote, the sale would be invalid; third, section 93 of the school law 
will govern the qualifications of voters. 

Who may de director. 

25. The laws of Colorado do not in any way prohibit a saloonkeeper 
from holding office as a school director, if he has been elected to that office 
in a legal manner. 

26. More than one director may be elected from the same family. 

Candidacy — when vacancy occurs. 

27. In a first class district, when a vacancy occurs after the adver- 
tisement of the regular election, four weeks preceding such election, a 
person who may desire to be a candidate for the office of school director, 
by filing a written notice of such intention with the secretary of the school 
district in which he resides at least eight days prior to the day of the 
holding of the annual election, will become a legal candidate, providing 
the other details specified in sections 5918-5919 of the school law be ob- 
served. If the resignation occurs after the eight days specified in section 
93, the board would name the director who would hold over until the 
regular election. 

5920. Counting votes — tie — special election. 

Tie vote — special election. 

1. At a school election, in case of a tie vote, it is the intent of the 
school law to provide that notice of another election shall be posted within 
ten days. 

2. In the matter of calling a second special meeting for the election 
of directors in case of a tie vote, the law contemplates no such action. In 
case a special election is not called within ten days after the time of hold- 
ing the regular annual meeting, or in case a special meeting is duly called 
within the ten days, but a tie vote is cast, no other meeting for the election 
of directors can be called, and the vacancy should be filled by the county 
superintendent. 

3. Section 5920 provides that notice of another election shall be 
posted within ten days after the time of holding the regular election. 
Aside from this requirement, it is necessary to conduct the election in 
accordance with the rules for general school elections as stated in section 
5918. The election could be held six days after the notice was posted or 
on any date thereafter. If notice of the election is not given within ten 
days, the district forfeits its right to. a special election. The shortest 
time, in which a special election could be held, would be on the sixth day 
after the notices were posted. 

4. There is no statute authorizing a special election to increase a 
tax levy after a levy has been certified to the county commissioners and 
voted on at a regular election, but section 5942 permits a special election 

82 



ELECTIONS. 

to submit the question of bonding the district for funding floating debts. 
No. 27. 

Power of judges. 

5. The judges must determine who is legally elected. They have 
the power to throw out an illegal vote, providing it is done before a signed 
report of said election is transmitted to the school board, or the final 
decision is given. A special meeting is only called in case of a tie, and 
must be within ten days after the election. 

Contest — question for courts. 

6. The result of a school election must stand as announced by the 
judges until set aside through legal proceedings contesting the election. 
An election contest is a question for the courts to decide. 

7. The county superintendent has no authority to set aside an elec- 
tion, as it can only be done by the courts, and the county court of your 
county will have jurisdiction in the matter. 

When county superintendent fills vacancy. 

8. If the annual election of school directors is not held, and a special 
election is not called within the required ten days thereafter, it then de- 
volves upon the county superintendent to fill vacancies by appointment. 

When old hoard holds over. 

9. If an election of school directors is not held, the old board does 
not hold over. The law provides that, within ten days after election, notice 
should be posted of another election. 

Continued meeting. 

10. When a meeting follows after the ballot box has been closed at 
an annual meeting, it may be regarded as simply a continuation of the 
first meeting. 

5921. Applies to all school elections. 

Sections prescribing manner of conducting elections. 

1. Sections 5918, 5919 and 5920 of the school law prescribe the man- 
ner of conducting the election — including the "previous notice" — (not the 
same in all districts) "the time during which the ballot box or boxes shall 
be kept open," who "shall be entitled to vote," "counting the votes," "qual- 
ifying," "administering the oath of office," etc. 



83 



ELECTORS. 

5955. Powers of electors at meetings. 

Who may vote. 

1. Any person not a taxpayer, but otherwise a legal voter, is entitled 
to vote at a regular or special district school meeting upon all matters 
coming before such meeting, except upon a proposition to contract a debt 
by loan. 

2. All legal voters who are residents in a joint district may vote 
upon any questions pertaining to school matters of said district, save in 
the matter of bonds, which requires a voter to be also a taxpayer. 

3. It is not necessary that one should be a taxpayer to vote on the 
question as to where a school is to be held or a school building is to be 
erected. Any legally qualified elector has a right to vote on all questions 
save those relating to bonded indebtedness. 

4. A person voting at a school election must have resided in the 
state one year immediately preceding the election at which he offers to vote. 

5. A homesteader should claim his residence from the time of 
actual residence and not from the time of filing. 

6. The judges of an election have the right to reject the vote of 
an elector who refuses to take the oath of being a resident of the state 
one year preceding the election. No. A 88. 

County superintendent may institute legal proceedings to remove district 

officer. 

7. A county superintendent has the right to demand the resignation 
of a member of a school board and to institute legal proceedings to remove 
an officer of a school district who is persistently violating the law and 
any elector of the district has the right to institute proceedings for the 
same purpose. 

Site of school house determined by electors. 

8. The site for a school building in districts of the third class can 
be selected or changed only by vote of the electors taken at the annual 
meeting, or a special meeting legally called. 

9. A board of school directors can not legally change the site for a 
school building which has been selected by a legal vote of the electors of 
such district. 

10. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

11. The law does not require that a school house shall be placed 
on a public road. 

12. The school board of a third class distrirt has no right to move 
school buildings unless directed to do so by vote of the electors of the 
district. 

13. The power to fix the site for school houses necessarily includes 
the power to fix the location of the school, and after a majority of the 
voters of the district (third class) have decided to have the site of the 

84 



ELECTORS. 

school house in a certain portion of the district, it would hardly be held 
as within the power of the board to defeat the will of the electors by 
establishing a school in some other place. ^ 

14. No petition is necessary to bring the question of selecting a 
site for a school house before the electors concerned. 

15. The location of a school house is for no definite time. A vote 
may be taken on the question of moving the school house as often as a 
meeting for the purpose can be legally called. 

16. A school district has not a legal site if the school is on what 
was formerly government land, but which land has since been filed on 
under homestead law. 

Building of school house, determined Tjy ioard. 

17. In building a school . house the board of directors must keep 
within the appropriation of the electors. If it is desired to spend more 
money than the original appropriation, a meeting of the electors must be 
held to determine whether they will authorize the additional expenditure. 

18. The law does not specify the manner in which a school board 
shall proceed in the matter of building a school house or whether such 
board shall advertise for bids or not. The board is permitted to exercise 
discretion in the matter, having in view at all times the best interests of 
the district. 

19. A sale of a school house, unless authorized by vote of the elec- 
tors of the district, is void and may be set aside in the proper proceedings 
instituted by any elector of the district or by the county superintendent. 

20. The proposition to build a school house includes procuring a 
site therefor. The interpretation of the law relative thereto is: First, 
that a vote is necessary; second, that if the land were purchased without 
such a vote, the sale would be invalid; third, section 93 of the school law 
will govern the qualifications for voters. 

21. The board have no authority to build a school house except 
when directed to do so by a vote of the district; the fund remaining in 
the treasury can not be used for building a school house, except upon a 
vote of the electors. 

22. School must be held in a building situated within the bound- 
aries of the district. 

23. The electors of the district have the power to direct the sale 
of the school house and the site and empower the board to sell to the 
county commissioners at the stated offer if they are so inclined. 

There is no law requiring it to be advertised and sold if the electors 
wish to make a private sale. 

24. The electors of a district are the only persons who have power 
to levy tax for the purpose of building school houses. 

25. Directors of first and second class districts have a right to sell 
a school building when directed so to do by the electors at a special meet- 
ing called for that purpose. Such sale should be made in the manner 
prescribed by the electors, which should be at public sale after proper 
advertisement. 

26. The building of a school house as permitted by vote of the 
electors at the last meeting would be lawful if the meeting was a legal 
meeting, even though the vote was taken in reconsideration of the ques- 
tion as previously passed upon. ; 

27. The electors of a district when assembled at the regular annual 
school meeting in a district of the third class have a right to instruct the 
school board as to what the material of a new school building shall be. 



ELECTORS. 

28. It takes a majority vote of the electors of the school district 
to move a school building, and one majority would determine the vote; 
Provided, T]^at legal notice of such meeting had been made. No. A 105. 

29. All qualified electors of the district can vote upon the question 
of building a new school house when no bonds are to be issued. No. 
A 47. 

30. If a school house was built on land belonging to a private 
individual and the land was never conveyed to the district, the school 
house could not be moved without the consent of the owner of the land. 
In a case of this kind, it would be necessary to employ the services of 
counsel and prosecute the persons responsible for such expenditure of 
school money; thus the school district could recover any losses which 
had occurred through such conduct. No. 41. 

31. Whether the directors build one or more school houses is 
purely a matter to be determined by the electors of the district and the 
county superintendent has no authority to control such discretion. No. 65. 

32. The statement has been made that a school district entered 
into a contract to move a school building to a new site, the title to 
which had been questioned; knd the question asked whether the directors 
can rightfully refuse to pay the contract price for the removal on account 
of an alleged flaw in the title. The school district can not rightfully and 
lawfully refuse the payment of such contract price for the reason 
stated. No. 26. 

Taxes. , 

33. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the reve- 
nues of the district for the current year; therefore an arrangement for 
issuing warrants payable in one, two and three years, the qualified voters 
to vote a levy to be collected in one, two and three years, to pay the war- 
rants, would not be legal. The voters have no authority to vote a levy 
except for the current year. It would, therefore, only be possible to raise 
the money by voting bonds for the amount if the electors do not wish to 
levy the whole tax in one yetix. 

34. In any district of the third class a levy on taxable property 
must be made by the qualified voters when assembled at any regular or 
special meeting, and such levy can not be made by board of directors. 

35. In reply to your question as to whether a majority or plurality 
vote is necessary to decide a special tax levy, and whether the levy to 
be voted upon is to be determined by the school board or by the electors 
themselves in a third class district, I would say that the law requires 
a rrajority vote and that the amount of the levy should be fixed by the 
electors at a regular or special election. 

Bonds. 

36. Bonds can not be voted for sinking an artesian well; but if 
the district has sufficient money in its special fund, it may use that 
money for such a purpose on a vote of the electors. 

37. A school district created from organized territory, which is 
already bonded for building purposes, can issue new bonds to an amount 
not to exceed the difference between its share of the present bonded 
indebtedness and three and one-half per cent, of the assessed value of 
its property, both real and personal. 

38. Having considered the relation in which the act of 1899 stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all 
the powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is. 



ELECTORS. 

therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of section 5977q of the school act. 

39. A school district has no right to create a debt except through 
bonding the district in accordance with the provisions of section 11 of 
the school law, and the further provision that warrants may be issued 
before the funds to pay them are actually in the treasury; Provided, 
That the total sum of such warrants does not exceed the revenue of the 
district for the year in which they were issued. 

40. The constitution of Colorado prohibits the creation of a debt by 
loan for building purposes in any other way than by a vote of the elec- 
tors. While a certificate of indebtedness can not be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by thp same constitutional provision when issued to cover a debt 
incurred by building. 

41. The county superintendent has the right to protest against the 
registering of a school warrant when he has reason to suspect fraud, and 
if he has proof of fraud in connectioh with the warrant,, he has the same 
right as an elector of the district to bring proceedings to stop the pay- 
ment of the warrant. 

Special levy. 

42. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

43. There is no limit to the special levy in first and second class 
districts. 

44. There is no law authorizing the levy of a tax for a sinking 
fund, but section 98 of the school law does authorize the levying of a 
tax for building purposes. The law has been interpreted to mean that 
the tax levied under it must be for a specific purpose, as for building 
a school house, purchasing a site, etc. 

45. The special tax levy should be made previous to sending in 
the annual report of the secretary of the district. The levy can be certi- 
fied to legally by two members of the board. 

46. In the call or notice of a special or annual school meeting it is 
illegal to specify the amount of a proposed levy and to require electors 
to vote for or against the levy thus proposed, without discussion or 
amendment. 

47. "When the electors have voted a definite special levy for building 
a school house, the board can not spend in building said school house more 
than the proceeds of said special levy, unless so directed by the electors. 

48. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any way to be considered changing the original levy, but 
simply voting an additional levy. 

49. According to legal decisions in this state, a special tax can be 
voted at other than the annual meeting. Paragraph 4, section 5955, of the 
school law has been interpreted, in connection with the introduction of 
section 5955, to authorize this. 

50. A vote of the electors authorizing a tax levy for building pur- 
poses is not sufficient. The vote should include both the amount of tax 
levy and the authority to erect a school building. 



87 



ELECTORS. 

Board right to hire teachers. 

51. A school board has the absolute right to engage the teacher, or 
teachers, for the school district. The fact that a majority of the tax- 
payers sign a petition making a protest against the selection made by 
the board can not in any way affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

52. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the district 
could have no voice in the matter, and while the patrons of the school 
would have a right to circulate a petition requesting the board to engage 
a certain teacher, the board would have the right to ignore the petition 
if they desired to do so. 

Free text-books by vote of people. 

53. In case of a new district formed from one in which text-books 
are furnished free, the question of supplying free text-books in such new 
district must be submitted to a vote of the people. 

54. The board of directors must furnish books for all pupils when 
instructed to do so by a majority vote of the electors of their district, 
as expressed at any regular meeting or special meeting called for that 
purpose. 

55. In regard to a district board furnishing free text-books, the 
provisions of the law mean that a majority of the votes cast upon the 
question of providing free text-books for the district shall govern, and 
not a majority of all the electors residing in the district. 

56. The fact that a district has voted to furnish free text-books to 
its school children, and has done so for a number of years, does not 
permanently bind the district so to furnish the text-books. If brought 
up in the manner prescribed by law, the district may again vote upon 
the matter. 



EXAMINATIONS. 



5991. Examination of teachers — deputy — compensation. 

Teachers' high school examinations. 

1. The law provides that principals and teachers in second and 
third class districts who are teaching in a regularly organized high 
school shall be required to take the teachers' high school examination 
in such branches as they are to teach. The board of directors has no 
right to pay out of the funds of the district any sum to teachers not 
holding a certificate for additional high school branches. 

2. The applicant who was examined in five high school subjects 
should receive a high school certificate, using the same basis of grading 
that is used in issuing county teachers' certificates. 

3. The fee for the examination is one dollar, no matter how many 
subjects are taken. 

4. The grade of a county certificate would in no way affect the 
grade of a teacher's high school certificate. , 

Time of examination. 

5. The laws of Colorado do not give the state superintendent the 
right to authorize the county superintendent to hold a special examination. 

6. Examinations for teachers' certificates can not be taken at any 
time except at those times prescribed by law for public examinations. 

Age of applicant. 

7. The law provides that an applicant for a teacher's certificate 
mxust not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would 
also be illegal for a school board to employ a teacher under such circum- 
stances. 

8. When an applicant of lawful age presents himself for the county 
examination the county superintendent has no course other than to 
receive and grade the papers and report the same to the superintendent 
of public instruction. 

9. A county superintendent can not legally withhold a certificate 
at the request of a person who, as a lawful applicant, appears at the 
examination. 

10. While the law does not state that married women living with 
their husbands in Colorado shall be allowed to teach, there is no law pro- 
hibiting any person eighteen years of age, who can obtain a certificate, 
from teaching, save when a member of the school board. 

Rules governing examination. 

11. The questions issued for the county teachers' examinations are 
divided into sections, one of which, by direction of the state superin- 
tendent, shall be presented at the beginning of each of four different ses- 
sions. The state superintendent is authorized to prescribe rules for the 
examination. In order that all applicants may have an equal opportunity, 
and to avoid the possibility of any being informed in advance of the 
nature of the examination, the county superintendent is instructed to 

89 



EXAMINATIONS. 

break the seal of each section at the opening of the session for which 
it is prescribed, and in the presence of all applicants. ■ Therefore, those 
presenting themselves for examination will write each portion at its 
designated time, beginning on Thursday and continuing through Friday. 

12. The rules governing county examinations of teachers definitely 
states that an average of 70 per cent., no branch below 60 per cent, must 
be made in order to obtain a third grade certificate. Therefore, according 
to the established rules, a certificate issued without l^he required standing 
would be valueless. 

Only one set of papers can he submitted. 

13. A county superintendent has no right whatever to give a per- 
sonal or oral examination to an applicant, even though such applicant 
has been requested to take a school and has no certificate. 

14. The county teachers' examination can not ]3e taken in parts. 
If an applicant is successful in some of the subjects and unsuccessful in 
others, the entire examination must be taken at some future time. 

15. The law does not permit an applicant at a teachers' examina- 
tion to take a part of the subjects required at the examination, with a 
view to raising the marks obtained at a previous examination. The whole 
examination must be taken or it is invalid. 

16. The laws of Colorado do not permit teachers' examinations for 
certificates in this state to be conducted anywhere but in the various 
counties of the state. 

17. The state superintendent has no right to provide for any exami- 
nation other than those specified by the law. 

18. . An applicant for a teacher's certificate must accept the result 
of the examination, even though the certificate received be of a lower 
grade than the unexpired certificate held at the time of taking the 
examination. 

19. There is no rule prohibiting carbon copies being taken by the 
applicant in the county examination of teachers if the county superin- 
tendent does not object. Only one set of papers can be submitted 
for grading, and the carbon copies are only for the applicant's future 
reference. 

Permits not granted. 

20. There is no law authorizing the giving of a temporary permit 
or certificate, and it will be illegal to employ any person to teach in the 
public schools of the state unless such person shall have a certificate. 

21. The laws of Colorado do not make it possible for a permit to 
teach to be granted to any teacher expecting to enter the public school 
work of this state. 

22. There is absolutely no authority in law for a temporary permit 
or certificate of anj' nature whatever. 

23. Certificates issued in other states may, in case of emergency, 
be recognized by endorsing thereon the word "Good" until the next regu- 
lar county examination. 

Endorsem,ents. 

24. Since the certificate issued is only a second grade, nothing can 
be done except to endorse it "Good" until the next regular county exami- 
nation. It would be illegal to consider it of greater value than its classifi- 
cation indicates, no matter what the averages may be. 

26. A county superintendent may endorse a second-grade certificate 
issued in another county, by writing thereon the word "Good" until the 
next regular county examination. 

90 



EXAMINATIONS. 

26. According to law, in case of emergencj'- you can recognize the 
county teacher's certificate by endorsing thereon the word, "Good" until 
the next regular county examination. 

27. It is not legal for a school board to retain a teacher whose cer- 
tificate has expired if the term of school for which such teacher is 
employed extends more than one month after such expiration. The law 
definitely states that a new certificate shall be secured. The endorse- 
ment of the certificate should read "Good" until the next regular county 
examination. 

28. The county superintendent "May, however, in case of emergency, 
recognize county teachers' certificates issued in this, or other states, by 
endorsing thereon the word 'Good' until the next regular county examina- 
tion; Provided, That the certificate so endorsed shall be in full force 
at the date of such endorsement, and shall not be renewed, extended, nor 
show a previous endorsement thereon." 

Under this act, an emergency may be said to exist whenever there is 
a vacancy in any school in the county, and there can not be found in the 
county a teacher who holds a certificate, and who is qualified to teach 
that particular school, and whose services can be secured. 

It is not said that there may not arise other conditions which, in 
the opinion of the county superintendent, might constitute an emergency, 
but the above is given as a general rule. 

29. State Normal School diplomas and certificates from other 
states, or certificates from other counties in this state, may be recog- 
nized by the county superintendent only in case of an emergency. Under 
this act an emergency may be said to exist whenever there is a vacancy 
in any school of the county, and there can not be found in the county a 
teacher who holds a certificate and who is qualified to teach that particu- 
lar school, and whose services can be secured. 

Such recognition consists of an endorsement by the county superin- 
tendent, making the certificate good only until the next examination. 

30. A district board has not, in law or equity, a right to delib- 
erately create a condition for the purpose of taking advantage of the 
emergency clause in that section of the statute which provides for grant- 
ing and endorsing teachers' certificates. 

31. Circumstances created for a certain purpose do not constitute 
an emergency, and should not be construed as such within the meaning 
of this section. 

32. There is absolutely nothing that can be done in the case of an 
expired certificate. Only certificates that are in full force may be 
endorsed in case of emergency. 

33. «The law provides that a certificate once endorsed shall not be 
renewed nor extended, therefore the teacher will be obliged to give up 
her school, or if allowed to continue teaching without a certificate she 
takes chances of getting her salary at the option of the board or the 
people. 

34. The laws of Colorado do not give county superintendents the 
slightest authority to recognize district certificates in any way. Such 
certificates are valueless so far as entitling their holders to a right to 
teach in other schools of the county. Neither can examinations for 
teachers' certificates be taken at any time except as prescribed by law 
for public examination. 

35. Since the law provides that the certificate issued by the boards 
of districts of the first class must be of the same grades and under the 
same conditions as those specified in sections 99 and 24 of the school 
law, it follows that equal requirements must be made in districts of the 
first class as in other districts, and the board would not have the right to 
exempt the candidates from examination in one or more of the subjects 
specified in section 99 of the school law. 

91 



EXAMINATIONS. 

36. The endorsing of a teacher's certificate issued in another county 
is optional with the county superintendent. 

37. The endorsement of a first grade certificate until the next 
examination will not invalidate it in the county where issued. 

39. The endorsement or renewal of certificates and the issuing of 
like grade certificates are in all cases optional with the county super- 
intendent. 

40. A certificate of like grade from one county can not be endorsed 
by a county superintendent of another county, but if the first certificate 
upon which the like grade was issued is still in force another like grade 
certificate upon it can be issued in another county. 

41. It is impossible for a county superintendent who has endorsed 
a certificate to issue a renewal of the same. Any renewal of a certificate 
must be made in the county where the certificate was first issued. 

42. The time for which an endorsed certificate is good is simply 
that specified by the endorsement. Section 193 applies to such cases 
excepting that the teacher does not have the right to take advantage of 
the one month provision. 

43. The state superintendent has no right to endorse certificates; 
that is a matter which rests with the county superintendent. 

44. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this, or any other state, if the certificate be not in full 
force at the date of each endorsement. Should the board employ a 
teacher without a license to teach, all claim to compensation on the 
school fund for the term will be forfeited. 

45. It is not legal for a school board to retain a' teacher whose 
certificate has expired if the term of school for which such teacher is 
employed extends more than one month after such expiration. The law 
definitely states that a new certificate shall be secured. The endorse- 
ment of the certificate shall read "Good" until the next regular county 
examination. 

Superintendent may appoint deputy. 

46. Since the bar examinations are conducted in connection with 
the regular county examination of the teachers, the law governing county 
examinations would also apply to that of the bar examination, and if 
the attendance upon the examinations at the county seat works a great 
hardship to five or more teachers in the county, the law perinits the 
county superintendent to provide for such teacher or teachers to take the 
examination at some convenient place, and the county superintendent 
may appoint some suitable person to conduct such examination. 

47. Certificates may be granted only upon examination held at the 
time and place specified by law. If the superintendent wishes to hold an 
examination at another place than the county seat he must appoint a 
deputy who will hold the examination on the prescribed day. 

48. The state superintendent has no authority whatever to author- 
ize county superintendents to appoint deputies outside of the state; nor 
has he any right to send questions to any individuals outside of this 
state so that the county teachers' examination could be taken elsewhere 
than in Colorado. 

49. If a county superintendent desires to obtain a certificate to 
teach in the county in which he resides, he is advised to appoint a deputy 
to conduct the examination and pass upon the answers given to the ques- 
tions propounded; also, to issue a certificate in accordance with the 
result of the examination. 



92 



EXAMINATIONS. 

Special certificate for high school. 

50. The law makes the same requirements of the principal or 
teachers of a county high school as of any school of high grade. There- 
fore, a special certificate covering the , high school branches must be 
obtained by the applicant who expects to teach in a county high school. 

Teacher not entitled to pay for time lost attending. 

51. A teacher is not entitled to receive pay for the time lost while 
attending a teachers' examination. 

State superintendent can not excuse from examination. 

52. The state superintendent has no authority to excuse a person 
from taking an examination. 

Failure. 

53. When a teacher holds a first grade certificate, and also one of 
"like grade," the fact that she fails to pass an examination in either 
county would not affect the standing of the first grade already obtained 
by her. 

Eighth grade. 

54. There is no specific law governing the eighth grade county 
examinations. The matter is entirely under the management of the 
county superintendent. 

Answers filed. 

55.V The law requires that the written answers of all applicants be 
placed on file for three months, the same subject to the order of the 
state board of education. 

Appeal. . 

56. Neither the state superintendent of public instruction nor the 
state board of education has the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter 
of comity, and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 



93 



FLAGS. 

5928. Directors purchase flag — flag-staff — display. 

Directors to purchase and display U. 8. flag. 

1. The school law of Colorado authorizes school directors to pur- 
chase and display the United States flag upon the school buildings. This 
act was approved March 26, 1891. The school directors may cause to be 
erected and maintained upon each public school building on the grounds, 
a suitable flag-staff, and may cause the flag to be displayed upon all 
national and state holidays, the first and last days of each school term, 
and such other occasions as the school directors shall prescribe. It is 
also lawful for the school directors to pay for the flag and staff from 
any special school fund. The law further says every school within this 
state may have placed and kept in a conspicuous position in each depart- 
ment thereof, at least one American flag of standard bunting, not less 
than three by five feet in size. 

Pursuant to custom now established in several states of the Union, 
the governor of this state proclaims June 14th as Flag Day, and all the 
public schools of the state are requested to observe the day in exercises 
of a patriotic character. This praiseworthy movement has been gaining 
ground for the past few years for establishing the custom of appropriately 
celebrating this important date. 



94 



FUNDS. 

GENERAL SCHOOL FUNDS. 
5898. General school fund for building purposes — proviso. 

Legal use of general fund. 

1. The general fund may be used only for teachers' wages, and 
necessary current expenses, until the school has been conducted for a 
period of ten months in one year. 

2. The general fund may be used for building, furnishing or erect- 
ing additions to school houses, or for improving the school house, sites 
or lots, only after the expense of maintaining the school for a period of 
ten months in one year shall actually have been paid. 

3. It is legal to draw on the general fund to pay the janitor who 
is employed in a school. 

4. The law makes no provision whereby the pupil's share of the 
general school fund can be transferred to the school where he attends in 
a district other than the one in which he lives. No. A 143. 

5. If any portion of the general school fund remains to the credit 
of any district after the payment of all expenses necessary to the support 
of a public school for a period of ten months in any district, the balance 
m(ay be used for other school purposes as provided by law. No. A 96. 

Effect of failure to maintain school. 

6. A district which does not hold three months' school, as required 
by law, is not entitled to its pro rata share of the general school fund. 
A 197. 

Draw on school fund. 

7. There is no way whereby the electors could draw upon the pub- 
lic school funds except through the board of directors. No. A 139. 

8. A district which holds no school, but whose pupils, by authority 
of the school board, attend school in another district, the school board 
paying tuition in such district, does not comply with the requirements 
and is not entitled to the pro rata share of the general school fund. 
No. 29. 

9. When the county superintendent makes the apportionments, if 
interested persons are not satisfied, an appeal can be taken as provided 
in the school law. No. 74. 

Illegal use of school funds. 

10. A school board can not legally loan the money of the district. 

11. The school funds can not be legally used for defraying the 
expenses of a singing school., 

12. Insurance premiums and attorney's fees are not expenses "in- 
cidental to the support of a public school," and therefore must not be 
paid from the general fund. 

13. A director of a school board has no right whatever to draw 
money from the funds of a school district to pay for his child's board 
while attending school in another district. Any members so misappropri- 
ating the funds of the district can be compelled by process of law to 
refund the money. 

95 



FUNDS. 

14. The school board has no right to use the school funds in the 
employment of attorneys or other expenses to antagonize the action of a 
board of health. 

15. A school board can not legally contract for the work of in- 
structing high school pupils to be done by a private party or corporation 
and pay for it out of public school funds. 

16. There is no provision of the school law allowing a pro rata 
share of the school fund to bei used for the private teaching of one of 
the pupils within a district. 

17. Where money is unlawfully expended by school boards, the 
proper procedure is for some tax-payer, representing the people, to bring 
suit in the local courts to recover such money alleged to be illegally paid 
out; and the services of a local attorney would, of course, have to be se- 
cured to prosecute such suit. No. 33. 

18. Sections 5888, 5889 and 5890 specify in detail how school funds 
shall be apportioned; the funds should be paid to the districts as therein 
provided. Whenever it becomes the duty of the county superintendent 
to distribute the funds, under said provisions the other county officers 
have no authority to vary, in any degree his decision or acts in relation 
to such apportionment. Said section 5890 specially provides that the ap- 
portionment shall be according to the school census as shown by the lists 
and reports Of the several districts for the school year immediately pre- 
ceding. No. 61. 

For what purposes special funds may be used. 

19. School directors of a district of the third class may purchase 
an organ for the use of the school and pay for it out of the special fund. 
The general fund can not be used for that purpose. 

20. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

21. If the artesian well is to be used for the school and is to be 
located on school land the district has the right to vote bonds for sinking 
it. 

Two schools of five months do not meet requirements. 

22. Two schools in one district, holding a five months' session each, 
do not conform to the requirements of the law as prescribed in section 
5898. 

Money not turned into general fund- 

23. All moneys remaining to the credit of any district on June 30 
should remain to the credit of such district and can not be turned into 
the general school fund of the county for reapportionment. 



96 



COUNTY SCHOOL TAXES. 
5893. County commissioners shall cause school tax to be levied. 

Apportionment of two-mill levy. 

1. The above section contemplates that the two-mill tax therein 
provided shall he apportioned among the school districts per capita. The 
$40 per month therein provided is established as a basis in estimating 
the teachers' salaries. 

Duties of county commissioners in regard to levy. 

2. It is the duty of the board of county commissioners to levy such 
a rate above two mills as may be necessary to produce the amount needed 
per capita to enable each school district in the county to maintain a 
public school four months I'll each year, as required by law, and as 
shown by the county superintendent's certificate provided for in the 
same section. The board of commissioners can be compelled to do this 
by mandamus if necessary. 

3. The county commissioners have no right whatever to make a 
general levy of one mill, since the law plainly states that the minimum 
rate is two mills, which must be increased by the commissioners to what- 
ever shall be required for the purpose as specified to them by the county 
superintendent of schools. 

4. The above section is clearly in conflict with the act of 1899. 
(See section 192.) And it is clear that so much of said section as con- 
flicts with the latter act is expressly repealed, and that county commis- 
sioners are limited only by their discretion in making levies for school 
purposes since April 8, 1899, that being the date on which the act took 
effect. The minimum amount of two mills is, however, not changed. 

Legal custodian. 

5. The county treasurer is the only legal custodian of the school 
funds. The district treasurer has no legal right to hold in his possession 
any of the general, special or bond fund, nor have the directors of a 
school district any legal right to issue orders on the county treasurer, 
except in favor of those parties to whom the district is legally indebted. 
In the payment of school bonds, the district treasurer has control of the 
funds only during the times of advertising and subsequent payment. 

Special fund — Jiow used. 

6. Bonds can not be voted for sinking an artesian well; but if the 
district has sufficient money in its special fund, it may use that money 
for such a purpose on a vote of the electors. 

7. If any surplus funds remain in the special fund over what is 
necessary to meet the regular current expenses of the district, such sur- 
plus may he used to pay past indebtedness. 

8. In regard to the method of raising money to build a school 
building, the law prohibits the issuing of warrants in excess of the 
revenues of the district for the current year; therefore an arrangement 
for issuing warrants payable in one, two and three years, the qualified 

97 



FUNDS. 

voters to vote a levy to be collected in one, two and three years to pay 
the warrants, would not be legal. The voters have no authority to vote 
a levy except for the current year. It would, therefore, only be possible 
to raise the money by voting bonds for the amount if the electors do not 
wish to levy the whole tax in one year. 

9. The law does not give the school board the right, without the 
consent of the electors, to furnish board from the special fund for pupils 
who live too far away to attend. 

Funds of first class districts. 

10. Funds of first class districts must remain in the hands of the 
county treasurer and be drawn upon through warrants made out by the 
district board, as in districts of the third class. The law makes no 
provision for the handling of the funds. 

Commissioners — 7io authority to change levies — when certified. 

11. The county commissioners have no authority whatever to 
change levies for special school tax when certified to by the directors of 
a district. The levies as certified by the school directors must remain, 
whatever the action of the commissioners may be as regards valuation. 

Tax not voted — county commissioners levy when. 

12. In case a school district has not held its annual meeting to elect 
officers and vote a tax, it becomes the duty of the county superintendent 
to appoint to the vacant positions, and the duty of the county commis- 
sioners to levy the tax for the district. 

Directors not exercise powers of electors. 

13. Directors can not exercise the powers given electors of districts 
of the third class, after filing annual census of 350 children previous to 
the annual election. The board will reorganize after the annual election 
and after the census list is examined, compared as required of the county 
superintendent in section 5893 of the school law, and is found to be correct 
in giving the district the necessary number for a second class district. 

New levy on consolidation — when. 

14. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new levy 
must be determined on for the new district. 

Warrants drawn — when. 

15. After a levy is made for a special purpose in a school district, 
and is also made by the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

Special tax — when voted. 

16. It would be legal to vote a special tax at an annual meeting by 
giving the legal notice; Provided, That such special tax, together with 
any other special taxes levied for the given year, does not exceed the 
levy allowed to a district of your class. 

17. A majority vote to decide a special tax levy of the building of 
a new school building means a majority of the qualified electors when 
assembled at a regular or special meeting. 



98 



FUNDS. 

5895. School boards shall certify to commissioners tax to be levied — 
limit — duties of assessor and treasurer — proviso. 

Certify special fifteen-mill limit 

1. After a district has voted a special tax, and such tax has been 
certified to the county commissioners by the directors, it can not be 
reconsidered or amended, nor can the board of directors make a new 
levy; but it may be reconsidered if the certificate has not been filed. 

2. If the directors fail to certify the amount of the special tax levy 
the county commissioners may make a levy sufficient to maintain a four 
months' school, the tax in no case to exceed fifteen mills. 

3. The fifteen-mill limit of special taxation applies only to third 
class districts. 

4. In case an assessor should alter a levy certified by a district 
school board, he is liable civilly and criminally. 

5. The directors of a third class school district have a legal right 
to certify a special tax sufficient to support a four months' school to the 
county commissioners in case the electors neglect to fix the levy. Such a 
tax must not exceed fifteen mills on the dollar, and if a vote of the 
electors has been taken in a district, then the directors must certify 
the amount voted by the electors. 

6. This section, school law, authorizes the school board (of first 
and second class districts) to certify for a special school fund without 
instructions from the electors so to do. 

School funds not used for singing school. 

7. The school funds can not be legally used for defraying the 
expenses of a singing school. 

Levy for libraries. 

8. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

9. Funds raised in accordance with the provisions of this section 
of the school law must be used solely for the purchase of books for a 
library which shall be entirely under the control of the school board; and 
while the section states that the library shall be open to the public, it is 
my opinion that the law does not contemplate the location of the library 
anywhere but in connection with the school. 

Constitutional proMMtions. 

10. The constitution of Colorado prohibits the creation of a debt 
by loan for building purposes in any other way thau/ by a vote of the 
electors. While a certificate of indebtedness can not be considered a loan, 
strictly speaking, the courts would probably construe it to be prohibited 
by the same constitutional provision when issued to cover a debt incurred 
by building. 

Special levy in first and second class districts. 

11. There is no limit to the special levy in first and second class 
districts. 

Special tao^es collected on range stock — when. 

12. It is lawful to collect special school taxes on range stock in 
districts where they are located. 

Can not change school tax of resident. 

13. The law gives no authority to change the school tax of a resi- 
dent of one district to another district. 

99 



FUNDS. 

Isfew levy upon consolidation. 

14. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new 
levy must be determined on for the new district. 

When warrants drawn. 

15. After a levy is made for a special purpose in a school district, 
and is also made bj' the county commissioners, warrants may be drawn 
to the amount of the revenue for the current year. 

Basis of estimating maximum of 'bonds. 

16. In estimating a maximum amount of bonds that can be issued 
by a school district, the estimate must be based upon the last complete 
assessed valuation. 

5896. Special tax levy not to be reconsidered. 

Levy can not lie changed. 

1. The board of county commissioners has no authority to change 
a special tax levy certified by the board of directors. 

2. A district board can not raise a tax levy decided upon by the 
electors of the school district after it has been certified to the county 
clerk. The board of commissioners can not raise this levy if the require- 
ments of the law have been complied with so far as the amount is 
concerned. 

3. The directors can not change a levy made by the electors of a 
district, even though it may be insufficient to carry on the regular term 
of school in the district. 

4. When a levy has been made by electors, it is not in the power 
of the school board to raise the levy made after the same has been certi- 
fied to the county commissioners. This applies to a third class district. 
If it is a second class district, the right to make the levy rests entirely 
with the school board. 

5. While the law does not permit the changing of a tax levy made 
at the annual meeting in May and certified to by the school board of the 
district, the district would have a right to call a special meeting to vote 
an additional special tax of two or any other number of mills that would 
be inside the limit up to which a third class district is permitted to levy. 
This is not in any wav to be considered as changing the original levy, but 
simply voting an additional levy. 

6. If districts are consolidated between the time of voting on the 
special tax and making the levy by the county commissioners, a new levy 
must be determined on for the new district. 

7. There is no provision whereby the levy can be changed that has 
been certified to by the foi'mer county superintendent and ordered by 
the commissioners. 

8. The county commissioners have no authority to raise or decrease 
a school levy after certification has been made by the school directors. 
Within the statutory limit, the electors may vote bonds to raise money 
for the purpose of funding floating debts. No. 31. 

9. The question presented is: Can a school district of the first 
class, having made its tax levy, at the annual meeting in May, increase 
that levy, or does it require a special meeting of the electors for that 
purpose? The action of the board may be reconsidered and the levy 
increased sufficiently to meet the necessary lawful expenditures, provided 
that the certification has not already been made to the county com- 
missioners. 

100 



FUNDS. 

10. There is no statute authorizing a special election to increase 
this levy, but section 5942, Laws '09, page 494, permits a special election 
to submit the question of bonding the district for funding floating debts 
within the limit specified. No. 27. 

11. The school directors have the right to certify to the county 
commissioners fifteen mills per dollar which is necessary for the main- 
tenance of the school as voted by the electors. It is the duty of the 
county commissioners to assess a special tax sufficient to pay the 
interest on bonds; therefore, the levy on one mill for redemption of 
bonds and one mill for interest on bonds would not be included in the 
fifteen-mill levy. No. A 106. 

Special tax levy. 

12. The special tax levy should be made previous to ' sending in 
the annual report of the secretary of the district. The levy can be 
certified to legally by two members of the board. 

13. In any -district of the third class, a levy on taxable property 
must be made by the qualified voters when assembled at any regular 
or special meeting and such levy can not be made by the board of 
directors. 

14. (1) By section 5670, it is provided that any taxable property 
omitted from the assessment of any year or years, and not listed upon 
the assessment roll, when discovered may be assessed by the assessor 
for arrearages of taxes, or, in case the assessor neglects to do so, 
may be assessed by the treasurer. (2.) If a school board fails to certify 
the special tax to the county commissioners, the district, thereby, waives 
its right to a special tax. The county commissioners can, however, levy 
such tax without the formality of ' certification, if they so desire. No. 31. 
15. By the unanimous consent of electors of the district, the special 
funds may be used for the purpose of paying for the transportation of the 
children to and from school. No. A 195. 

NORMAL INSTITUTE FUND. 
5992. Applicant for teacher's'certificate pay fee. 

Fee, when not required. 

1. There is no law authorizing a county superintendent to charge 
a fee of $1.00, or any other sum, for registering a certificate issued by the 
State Normal School. 

2. Teachers' certificates issued by board of directors of first class 
districts are reported to the county superintendent, but they are not 
renewed or endorsed. Therefore, I take it that no fee would be charged 
for registration of said certificates. 

Fee, to whom paid. 

3. The fee paid to a county superintendent by an applicant whose 
papers are to be forwarded to another county may be sent direct to the 
state superintendent and not forwarded to the other county superin- 
tendent. The county superintendent of any county should send the 
money to the state superintendent for all applicants taking the examina- 
tion under his supervision. 

4. When an examination is taken the fee should be paid to the 
county superintendent "where the examination is held before the appli- 
cant is permitted to present any papers. 

Fee for duplicate certificate. 

5. A fee should be charged for issuing a duplicate certificate the 
same as in original issuing of certificates. 

101 



FUNDS. 

6. The state board of education has no power to require and 
force county commissioners to perform their duties in relation to the 
distribution of normal institute funds. The interested persons must 
bring proper proceedings in court to get relief. No. 13. 

5897. Special fund from fines, etc. 

Fines for city marshal. 

1. The city marshal is entitled to one-half of the fine imposed under 
section 1791, R. S. 1908. No. 52. 

Duties of county treasurer in regard to funds. 

2. The county treasurer is responsible if moneys are turned into 
the wrong fund by him. It is his duty to place moneys collected from 
fines, forfeitures, etc., to the fund designated by law. 

3. As a rule, the moneys for schools from these sources (derived 
from fines, penalties, etc.) should be turned by the county treasurer into 
the general school fund of the county rather than into that of a par- 
ticular district; although fines assessed by justices of the peace may, in 
some cases, go to the credit of the school district in which the action 
occurred. Generally speaking, the proceeds of all fines or forfeitures 
should be placed by the county treasurer to the credit of the general 
school fund of the county, unless otherwise expressly provided by statutes. 

4. County treasurers should place the money arising from fines col- 
lected, and belonging to the school fund, in the general fund. 

Duties of county superintendent in regard to fund. 

5. More than any other person, the county superintendent is the 
one to look after that portion of the school fund arising from fines, for- 
feitures, etc. He should examine the books of the county treasurers, rec- 
ords and fee books of justices of the peace and clerks of courts, to ascer- 
tain whether or not the fines have been collected, and if collected, whether 
they have been placed to the credit of the proper fund and paid over. 

Disposition of fines. 

6. This section provides that the clear proceeds of all fines col- 
lected within the several counties of the state for breach of the penal 
laws shall be paid over in cash by the person collecting the same within 
twenty (20) days after its collection to the county treasurer, to be by 
him credited to the general county school fund. 

7. Unless otherwise specifically provided for by law, the fines col- 
lected for breach of the game and fish laws should be placed to the 
credit of the general county school fund. 

8. All fines, penalties, and forfeitures belong to the school fund, 
unless the act fixing the same, otherwise provides. 

Special fund from forest reserve. 

9. The board of county commissioners, under the law as published 
in the Session Laws of 1909, page 35, is given discretion to apportion 
such fund to the road and school funds of the county and that all moneys 
apportioned to schools should be the general school fund; and that the 
law does not authorize the use of such money for any particular school 

' or school district in the county to the exclusion of others. 

If the county commissioners have failed to apportion a part of 
the forestry fund to the general county school fund, they have violated 
a very plain provision, of the statute, which may be found in School 
Law '09, Section 5898a. No. 70. 

102 



HIGH SCHOOLS. 



5977a. County high schools. 

Vote upon petition to organize. 

1. The question of organizing a county high school may be voted 
upon at a general election; Provided, A petition signed by fifty taxpayers 
of the county asks that the question be thus submitted, and has been pre- 
viously presented to the county commissioners not later than their Octo- 
ber meeting. 

School district issue 'bonds. 

2. Having considered the relation in which the above law stands 
to the school act, it appears evident that the general assembly intended 
to create a new and distinct school district, which should exercise all the 
powers of "school districts" and be classed as a school district, and in 
the exercise of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in accordance 
with the provisions of Section 5977q, School Law, '09. 

Certificate necessary to teach in high school. 

3. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high gi'ade. Therefore, a 
special certificate covering the high school branches must be obtained by 
the applicant who expects to teach in a county high school. 

Vote Tjy proxy to establish high school. 

4. When a meeting of the school directors of all the districts of 
the county is called after the proposition to establish a county high school 
has been carried in a county, it is not necessary for the entire board of 
directors from each district to appear, providing the member or members 
of the board appearing present credentials showing that they have been 
given authority by the absent member or members of the board to cast 
the votes of the absentees. 

If no member of the board appears no vote could be cast for that 
district, or, if one or two members appear without the credentials from 
the absent member or members, the member or members present would 
only be entitled to cast his or their own votes. 

County high school annulled. 

5. There is no way under the present law whereby a county high 
school once organized can be legally annulled, and no way that the elec- 
tors of any school district within the county can be exempt from taxa- 
tion for the support of any county high school, except as provided for in 
Section 5977x, School Law' 09. 

5977f. High school committee — how selected — officers. 

County superintendent has vote — need not give bond. 

1. The county superintendent has a vote as a member of a county 
high school committee. This also involves his voting whether there is 
or is not a tie. 

103 



HIGH SCHOOLS. 

2. A county superintendent need not give bond as secretary of the 
county high school committee, since his bond as county superintendent 
covers all obligations imposed upon him as an official. 

County superintendent has no vote selecting high school committee. 

3. The law in regard to county high schools gives the county super- 
intendent no authority to vote with the directors of the county in selecting 
a high school committee, even in the case of a tie vote. But the selection 
of the member of such committee should be by a majority vote of all the 
legal votes present. 

County superintendent not entitled to salary as secretary. 

4. Section 5977f provides for a high school committee of five 
members to govern the county high school, four members of the com- 
mittee to be elected, from among the members of the boards of directors 
of the districts organizing the high school, and the county superinten- 
dent becomes ex officio a member of said committee and the secretary 
thereof. 

5. It is manifest, therefore, that any services rendered by the 
county superintendent as secretary of a county high school committee are 
performed by virtue of his office as county superintendent and that the 
salary of such county superintendent is intended to cover any and all 
services so rendered by him. The salary of the county superintendent 
covers all services performed by him in connection with the county high 
school committee and he is not entitled to additional compensation there- 
for. No. 71 and No. A79. 

Principal has no aiithority over county schools. 

6. The principal of a county high school has authority only over 
such high school rooms, and has no control over the country schools in 
the same district. 

5977g. Term of office — vacancy, how filled. 

Expiration of offlce. 

1. The tenure of office as a member of the county high school board 
expires with the expiration of the term of office of the member of the 
board in the district where he has been elected to office. The fact of his 
re-election in the district would not necessarily mean the continuance of 
his office as a member of the high school board. His continuing to hold 
the position would be entirely dependent upon the fact of his being again 
selected to the joint school board after his re-election as a member of the 
district board. 

2. In case an anpointment to fill a vacancy in a county high school 
committee is made, it holds only until the next election, and not until 
the appointee's term as director of the school district is concluded. 

5977h. Meetings of committee. 

Tioenty days' notice of special meeting. 

1. It will be necessai-y to give twenty days' notice of the special 
meeting called for the purpose of voting upon the question of supplying 
free text books for the county high school, and notices should be posted 
in the various school districts composing the county high school district 
as is required in the case of a special district meeting or election. 



104 



HIGH SCHOOLS. 

5977k. Powers — duties — limit of tax. 

Law independent of union high school law. 

1. The county high school law is entirely independent of the union 
high school law. The latter is in no way affected by the former. 

Powers of committee. 

2. The county high school committee may declare more than one 
voting place in the district, fix the voting places and the limits of the 
voting precincts, and appoint three judges and the necessary clerks for 
each voting place. 

4. The county high school committee would not have the authority 
to hire the county superintendent to teach in such high school, such su- 
perintendent still holding office as county superintendent, which makes 
him a member of the county high school committee. 

5. A county high school committee has not the authority to furnish 
free text books to the pupils attending the school unless a majority vote 
of the electors of the county has been cast in favor of such action. 

6. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

7. The county may be bonded for the expenses of building just as 
any school district may be bonded. 

8. It is the duty of the high school committee to certify to the 
board of county commissioners the amount of tax to be levied for county 
high school purposes, and it then becomes the duty of the county com- 
missioners to levy the tax. If the high school committee fails to per- 
form its duty, it may be required to do so by mandamus. 

Principal can not he county superintendent. 

9. In the case of the principal of a county high school being elected 
county superintendent, he could not legally hold both positions. 

Union high school entitled to what funds. , 

10. A union high school, under section 5956, is entitled to both its 
quota from the general school fund and to the county tax for the support 
of high schools. 

Special certificate to teach in high schools. 

11. The law makes the same requirements of the principal or teach- 
ers of a county high school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

Warrants not drawn till levy made. 

12. Warrants can not be legally drawn and registered on the county 
high school fund before the levy has been made. 

How county high school supported. 

13. Persons attending the county high school will not draw state 
and county funds from the quarterly and semi-annual apportionments as a 
separate amount for the benefit of the high school. Their names are to 
be included in the various districts where they reside, said districts draw- 
ing the per capita amount for their names. The high school is expected 
to be entirely supported by direct taxes. 

105 



HIGH SCHOOLS. 

5977p. High school tax — commissioners levy — collected. 

Levy for library. 

1. The county high school district has the right to levy a one-tenth 
mill tax for library purposes, just as any other district has. 

5977h. Union and county hijgh schools. 

Do not have poicers of first class district. 

1. High school committees do not have all the powers of first 
class districts. All teachers must have Colorado certificates in order to 
be lawfully employed, but high school committees have no authority to 
issue such certificates. No. 5. 

Committee does not make levy. 

2. The high school committees have nothing to do with the levy 
except to recommend to the board of county commissioner?!. No, 7. 

5956. Union high school — how established. 

How estadlished. 

1. Two or more school districts of any county may combine for the 
purpose of forming a high school, in accordance with the union high 
school law, still on , th,e statutes. Such a high school is supported by its 
quota of the general state and county funds, any deficit to be made up 
from the several district funds in proportion to the number of pupils 
from each district who attend such high school during the preceding year. 

2. Districts of any of the classes may establish a union high school. 
The construction of section 5926 is, that the boards in first and second 
class districts may establish separate high schools. A union high school 
is the result of co-operation by two or more districts, while a separate 
high school is established within and by one district. Hence, there is 
na conflict between these two sections. 

3. A district in one county may be attached to a union high school 
district existing in another county. 

4. The directors of a third class district have no authority to estab- 
lish a high school, unless such district embraces within itself a county 
seat. 

Entitled to fund. 

5. A union high school, under above section, and sections 5 and 7 
of the act of the general assembly, approved April 8, 1899, is entitled to 
both its quota from the general school fund and to the county tax for the 
support of high schools. 

County high school law does not repeal. 

6. The law of 1900, authorizing the establishment of county high 
schools, by no means repeals the law providing for the establishment of a 
union high school by two or more contiguous districts. 

Not exempt from county high school tax. 

7. Two or more contiguous districts in a county can organize a 
union high school if so desired. In so doing, however, they would not be 
exempt from the tax for county high school established at the county seat. 
They would still be liable to their portion of the tax levied for the sup- 
port of the county high school. 

106 



HIGH SCHOOLS. 

5961. High school committee — term — vacancies. 

Additional oath not necessary. 

1. A high school committee shall consist of only three members, 
and the county superintendent shall be, ex-officio, an additional member 
of said committee and shall preside at its meetings. 

2. It is not necessary for the members of a high school committee 
to take an additional oath of office, the oath taken as members of the vari- 
ous school boards to which they were elected being entirely sufficient. 

3. The members of the union high school board should give bonds 
and take the oath of office the same as the members of any other board. 

4. After the election of the union high school committee the mem- 
bers should meet, organize and elect officers the same as in the first class 
districts. 

5977k. Powers of committee. 

Has right of 'body corporate. 

1. A union high school district may be bonded for the purpose of 
erecting a high school building. The uniting of contiguous districts into 
one district for a special purpose gives such district, when properly organ- 
ized, the same right to act as a body corporate as other districts possess. 

Powers of board not increased. 

2. The circumstance that union high schools have been established 
does not increase the powers of boards of the third class districts in the 
matter of erecting high school buildings, but their powers of erecting such 
buildings must be derived from the electors, as in other cases. 

Duties as to levy. 

3. The high school committee has nothing to do with the levy, 
other than to I'ecommend to the board of county commissioners. The 
county superintendent is not authorized by law to apportion from the 
general school fund a per capita amount to a district high school for the 
pupils attending from other districts. No. 7. 

5966 and 5977p. How maintained — proportion of school fund — deficit. 

Apportionment of school fund. 

1. A district can legally pay over to a high school as to tuition 
that part of its apportionment of the general fund accredited to said dis- 
trict on account of such of its pupils as may be attending said high school. 

2. The amount of the general fund apportioned to a pupil attending 
a union (not county) high school should be credited to such high school 
and not to the district in which he resides. 

Pupils not draw money for common and high school. 

3. A pupil can not be listed as a union high school pupil and also as 
a pupil of the district in which he resides and draw general school money 
for both common and union high schools. 

Incorporated city furnish "building. 

4 It is the duty of the incorporated city or town, in which the union 
high school is located to provide the building. No. A 109. 

1 



107 



HIGH SCHOOLS. 

Union high school entitled to tohat funds. 

5. Section 5966 provides that a union high school, formed in accord- 
ance with the act of which that section is a portion, after the first year 
shall be rated so far as it is practicable as a separate district; and shall 
be entitled to draw from the general state and county funds its quota for 
attendance, and that the deficit shall be made up from the several dis- 
trict funds in proportion to the number of pupils attending such high 
school. A union high school is supported in the same manner as a district 
school and in addition is entitled to the four mill levy as provided for in 
Section 5977p. No. A 104. 

Union high schools not divided into classes. 

6. Union high school districts are not divided in to first, second and 
third classes, but are all of one class. No. 4. 

Union high schools can not be dissolved. 

7. There is no statute providing that union high school districts 
may be separated and dissolved after their formation, and it is the 
declared, policy of the law that territory once organized for school pur- 
poses must always remain in the same jurisdiction and that, in the 
absence of expressed statutory provisions, it may not be detached from 
the jurisdiction to which it belongs. No. 58. 

8. There is no provision of the law whereby a union high school 
can be classified as a first class district. The law requires the teachers 
of union high school to take the regular county examinations and in ad- 
dition, examination in the high school branches in which they are to 
instruct. No. A 163. 

5972. Union high schools in counties of fourtli and fifth classes. 

How organized. 

1. The school districts that may be organized into a new union 
high school district, with an incorporated town or city as a center, must 
all lie in one county; hut when a union high school district already ex- 
ists, a school district in another county may be attached to it by vote, of 
the electors. 

2. Districts of any other classes may establish a union high school. 
The construction of section 5926 is that the boards in first and second 
class districts may establish separate high schools. A union high school 
is a result of co-operation by two or more districts, while a separate high 
school is established within and by one district. Hence, there is no con- 
fiict betwen these two sections. 

5926. District high scliool. 

District high school defined. 

1. Districts of any of the classes may establish a union high school. 
The construction of the above section is, that the boards in first and 
second class districts may establish separate high schools. A union high 
school is the result of co-operation by two or more districts, while a sep- 
arate high school is established within and by one district. Hence, there 
is no conflict between these two sections. 

Branches in third class district. 

2. While the law does not permit the establishment of a high school 
in an ordinary third class, district, it does not prohibit the introduction of 
certain branches that are termed high school branches. 

108 



HIGH SCHOOLS. 

3. The law does not permit the establishment of a high school in a 
third class district, but it does not prohibit the introduction of certain 
studies which are termed high school branches. The law gives the entire 
authority in regard to fixing the course of study to the board of directors 
in third class districts, and this is true even though the law does not 
permit the establishment of a high school. No. 50. 

HIGH SCHOOLS IN GENERAL. 

Tuition. 

1. In fixing the rate of tuition of a pupil, resident of an outside 
district but who desires to attend an adjacent high school, it is for the 
high school district to fix such tuition, which it may do in any sum not 
to exceed $2.50 per month, but it has no authority to fix a lump sum 
for the term. Where pm-t of the high school studies are taught in a dis- 
trict, the school is not thereby made a high school in contemplation of 
law; so that under the express provision of the statutes a person of 
school age residing in such district may attend a high school nearby in 
any district, and the resident district must pay the tuition as hereinbefore 
mentioned. No. 75. 

2. The question has been asked whether the high school of one dis- 
trict can charge parents tuition when they send their children to an 
adjacent high school and also collect from the outside district $2.50 
per month. Under the new law as it stands, the school authorities can 
collect the $2.50 from the outside district, and in no case can they collect 
any sum from the parents of the pupils residing outside of the district. 
No. 51. 

Rules. 

3. There are no printed rules or regulations governing the high 
schools except what is included in the school law. School boards have 
the power to make such rules for the government of the school as they 
consider advisable, providing they are in conformity with the law. No. 
A 119. 



109 



HOLIDAYS AND SCHOOL YEAR. 



6013. School year — month— week — day — national holidays. 
What constitutes a legal lioUday. 

1. A legal holiday falling upon Sunday, it is customary to observe 
Monday. 

2. The twenty days of a school month include such holidays as may 
occur on school days within that month. 

3. The time between Christmas and New Year's may be given to 
the teacher if the school board chooses to do so, but it does not legally 
belong to him. 

4. A school board has the right to determine the time and duration 
of vacations. 

5. Labor Day, being a legal holiday in Colorado, one is not re- 
quired to teach a day during the month of September to make up for the 
school day lost. 

6. When school opens on the Tuesday following Labor Day, Labor 
Day is counted as a holiday, and is not required to be made up by 
teacher. 

7. Lincoln's Birthday is considered a legal holiday. When a holi- 
day occurs on Sunday it is customary to observe the following Monday. 
The school board has the right to determine the time and duration of 
vacations and they do not legally belong to the teacher. Vacations are 
deducted or made up, if there is no contract to the contrarJ^ 

8. Established custom provides for the observance of Washington's 
and Lincoln's birthdays in the public schools by having a patriotic pro- 
gram the day previous to the holiday, and it is so understood and so 
observed. 

Teacher entitled to salary for legal holidays. 

9. A teacher is not obliged to make up legal holidays which occur 
on school days during the term of school for which she is employed, and 
she receives her salary for such days just as if school had been held. 

10. A teacher is entitled to have as holidays the days designated 
as such by the laws of Colorado, and is entitled to receive her pay for 
the same when occurring on school days during her term of school. 

11. A school board has no right to deduct from a teacher's salary 
for legal holidays occurring on school days during the school term. 

12. Teachers of the public schools are to be paid for the term for 
which they are employed, without regard to the intervention of holidays. 

13. If a teacher is engaged by the year at an annual salary, vaca- 
tions are not deducted. If he is employed by the month, and paid a fixed 
sum per month, vacations are deducted, if there is no contract to the 
contrary. A teacher could just as lawfully claim pay for the long sum- 
mer vacation as for the customary holiday vacation. 

14. In the absence of an express provision in a teacher's contract 
excluding holidays, the teacher is entitled to pay 'for all holidays coming 
within the school week included in the period of employment. 

15. If, with the consent of the directors, a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay 
for the full month. 

110 



HOLIDAYS AND SCHOOL YEAR. 

16. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon and 
afternoon, a sufficient time to determine that no pupils will be in attend- 
ance. 

17. A teacher is entitled to pay for New Year's Day, which comes 
on Monday of the first school week after vacation unless otherwise 
specially provided in the contract of employment. If the entire week 
had been made a vacation, then the teacher would be entitled to no 
compensation for such holiday. 

Year. 

18. The term "year," used in the act entitled, "An act to secure to 
children the benefit of an elementary education," is defined to mean the 
school year. And the term, "A court of competent jurisdiction," used in 
the same act, is defined to mean a justice, a county or a district court. 

19. The fiscal year, with reference to which all taxes are levied, 
and all revenue matters are provided for, begins with December 1st and 
ends November 30th, while the school year as relating to the making of 
reports, election of officers and term in which the necessary months of 
school must be held, is between July 1st and June 30th. 

Time to hold organization. 

20. The three months' school required by law to hold the organiza- 
tion of a district and secure an apportionment should be held between 
July 1st and June 30th. 

21. The law requires that school shall be taught five days in the 
week. There is no provision which would make it illegal to hold school 
on Saturday. 

Hour's intermission. 

22. The teacher has a right to her hour's intermission at noon, 
providing she teaches the requisite six hours through the day. She is 
required to teach school from 9 a. m. to 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

ARBOR DAY. 
2943. Holiday in scFiools — Iiow observed. 

Legal holiday. 

1. Arbor Day is a legal holiday and expressly stated as such by the 
laws of this state. However, it is not a holiday in the sense that the 
schools may be closed upon that day, since certain observances are 
required on the part of the schools. 

2. It is not lawful to dismiss school on Arbor Day, since, while it is 
a holiday, the law plainly declares that the day shall be properly kept by 
appropriate exercises, tree planting, etc. 



tn 



KINDERGARTENS. 



5927. Free kindergartens may be established — cost. 

Certificates. 

1. Under the act of 1893 a Colorado school board may lawfully 
employ a kindergarten teacher having a diploma from some reputable 
kindergarten teachers' institute outside of the state of Colorado, and it is 
not necessary that such teacher shall first pass an examination directed 
by the kindergarten department of the state normal school. 

2. It is illegal to pay from the public fund a kindergarten assistant 
who holds no teacher's or kindergartner's certificate. 

3. A district of the first class has no authority to issue kinder- 
garten certificates. 

4. It would not be legal for a district of the first class to employ 
a teacher for kinderg9,rten work if the board's certificate is the only 
credential that she holds in connection with such work. 

5. It would be unlawful to pay from the public fund a kindergarten 
teacher who holds no kindergartner's certificate. 

6. The examination for state kindergarten certificate occurs on the 
third Thursday, Friday and Saturday in August at the office of the 
superintendent of public instruction. A certificate obtained at the state 
kindergarten examination is good for life, unless revoked by the state 
board of education. 



112 



NORMAL INSTITUTES. 



5996. Normal institutes — time and place — how determined. 

Five per cent, credit for attendance. 

1. The five per cent, credit for attending normal institute may be 
given at any examination during the year immediately following such 
attendance. 

2. A county superintendent is under no obligation to add five per 
cent, to the standing of applicants for teachers' certificates who attend 
the normal institute from a county other than his own. 

3. The five per cent, of general average may be added to the general 
average obtained in a teachers' examination for institute attendance in 
another normal district if the county superintendent issuing the certifi- 
cate desires to do so. 

4. It is not intended by law that the five per cent, for attendance 
at normal institute shall be added in any county unless the applicant has 
attended a normal institute in this state during the whole time it is 
in session. 

5. In giving a person attending a normal institute five per cent, 
upon the average obtained in a teachers' examination, the five per cent, 
so added should be computed upon the general average obtained, and not 
be given as straight five per cent. 

6. The credits which county superintendents are instructed to give 
to applicants for certificates by reason of attendance at the normal insti- 
tutes should be given to those persons only who have attended an 
institute in Colorado. 

7. The five per cent, credit may be given at any examination during 
the year immediately following the normal institute, and the county 
superintendent may use his discretion at which examination this is to 
be given; Provided, That it is only to be given at one examination. 

Session. 

8. Two weeks' session of the normal institute must be held. If the 
session is shorter, the county commissioners are under no obligation to 
pay for teachers attending from their county. 

Teacher not paid for attendance. 

9. Where a county superintendent calls a county institute or 
teachers' association, he has not the right to rule that the district must 
pay the teacher for the same, as if she had taught school, although the 
school board would have the right to give the teacher such a day and 
pay her for it upon the request of the county superintendent. The right 
in the matter rests with the district board. 

Pay for services as conductor. 

10. It shall be unlawful to pay any one from the institute fund 
for services as conductor or instructor of such institute, who does not 

' hold a certificate or qualification for such ' work, issued by the state 
board of education upon the recommendation of the state board of 
examiners; Provided, That a member of the state normal school faculty 
shall be ex officio a conductor of normal institutes. 

.113 



NORMAL INSTITUTES. 

Time and' place of normal — how determined. 

11. The executive committee from each normal institute district 
with the advice and consent of the state superintendent of public instruc- 
tion, and the president of the state normal school, shall determine the 
time and place of holding such normal institute, and select a conductor 
and instructor for the same. 

Certificate not endorsed. 

12. A normal institute certificate need not be endorsed. The cer- 
tificate is good until revoked by the state board of education, or until the 
expiration of the time specified on the face of the certificate. 

Fees. 

13. The law requiring a dollar fee for a teacher upon taking the 
examination, in no way does away with the requirement of the attend- 
ance fee for attending a normal institute. 

Meeting of committee — hy whom called. 

14. If the president of an institute executive committee fails to call 
a meeting of the committee it would be proper for the other two members 
to call a meeting, giving the president notification of such meeting; and 
at such meeting it would be proper to transact the necessary business to 
establish and maintain a successful institute. 

Attendance of county superintendent at district normal not compulsory. 

15. There is nothing in this act imposing a duty upon county super- 
intendent to attend a district normal, and a county superintendent who 
does so is not entitled either to mileage or per diem compensation, 
though he is a member of the executive committee of the normal district. 



IH 



PUBLIC CONTRACTS. 



4994. Officer not interested in contract. 

Direct07' not make contract with hoard. 

1. Any member of a board of directors who shall have any voice 
or vote in awarding a contract can not lawfully enter into any part in 
the fulfilling of said contract; nor can he take or receive any part or 
portion of the money specified in said contract, or be in any way, manner 
or degree interested in said contract, except in his official representative 
capacity. Any elector of the district or the county superintendent can 
take steps to prevent a member of the board from acting in violation 
of this law. 

2. A school director can not legally become a teacher in the dis- 
trict in which he holds that office. 

3. A school director has no right to cause his district to be in any 
way indebted to him unless such director happens to be secretary of the 
district and compensation has been allowed, in which case he makes out 
a warrant to himself, and that warrant is signed by the treasurer. 

4. Contracts made by a school district with a school director in 
violation of the law relative to public contracts are void. 

School hoard let contract to hushand of director. 

5. A school board can legally let a contract to a man whose wife 
is a member of the school board, as the fact that the wife is a member 
and is, therefore, excluded from being a party to a contract with the 
district, would in no way affect the husband, who is not amember of the 
school board. 



115 



PUBLIC SCHOOLS. 



6008. Public school defined. 

What constitutes a public school. 

1. The departments of a school can not be legally considered as 
separate schools. 

2. Where a school is conducted as a public school, even though it 
is supported by other than public school money, it will be proper to 
include that part of the term coming after the five months provided for 
by the school fund, as if it were also supported by the public school 
fund, and the teacher should make her report for the whole time during 
which the school was held. 

3. If the extra two months of school which are partially paid for 
by donations from the citizens are held in the school house and the 
school is conducted as a public school, the additional months should be 
counted as a part of the term of school for the year. 

4. If a school teacher is engaged to teach a school in a district 
and is paid even in part from the public school fund, the school is a 
public school, open to all children eligible to attend school in the district, 

. and such a school must be controlled as any other public school is, even 
if supported in part by private subscription. 

Summer school. 

5. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 
some others, and require those who desire to attend the school without 
the recommendation to pay their own tuition. It would, however, be 
legal to establish such a school for certain grades, limiting the attendance 
to the specified grades. 

6010. Schools taught in English language — hygiene — Spanish — German — 
humane treatment to animals. 

German — when taught 

1. The laws of this state require that the public schools shall be 
taught in the English language, but that the school board has the power to 
introduce the German language as a branch of study into such school. 
A private vjerman school could be established, but could not draw from 
the public funds for its maintenance. No. A 185. 

2. The school board has no right to introduce German without a 
petition from the parents or guardians of twenty or moi'e children of 
school age. 

3. The demands of a compulsory education law would not be met 
in case a child attended a private school in which the German language 
was used, as the intent of the law is that the child shall receive for th4 
time specified equivalent instruction to that given through the public 
schools, which the law requires shall be taught in the English language. 

Certificates for special teachers. 

4. School boards have the authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 

116 



PUBLIC SCHOOLS. 

to entitle them to be paid from the schol funds, even though such teach- 
ing is done outside of of regular school hours. 

6009. Schools open, to whoni. 

Who entitled to privileges. 

1. All persons between the ages of six and twenty-one are entitled 
to all the privileges of the public schools. 

2. Children six years of age are entitled to school privileges, and 
it is the duty of the board of directors to provide adequate accommoda- 
tions for them. 

3. A school board has the right to make a rule that children who 
become six years of age during the school year shall enter school only 
at certain times — say at the beginning of the fall, winter or spring term. 
It is not proper to admit a child who is under six years of age. 

4. In the ease of a child under school age the parent would have 
no legal right to send such a child to school, no matter how well ad- 
vanced or capable the child might be. The board would have the right 
to exclude the child from school even though he obey the teacher and 
does the work well. 

Maintain organisation, 

5. Four months of school in each school year are necessary in order 
that a district may hold its organization. (See sections 89 and 155.) 
Three months of school are necessary to entitle a district to its share of 
the public funds. This practically makes four months of school necessary 
in each district. 

6. A school district in order to maintain its organization must, 
among other requirements, maintain at least four months' school each 
school year. 

7. The four months referred to in above section is the time neces- 
sary to comply with the requirements for holding the organization of a 
district. A three months' term is necessary to entitle the district to re- 
ceive its share of the general school fund. 

Directors' poioer. 

8. A school director can not legally become a teacher in the dis- 
trict in which he holds that office. See section 2606, General Statutes 
of Colorado, 1883, page 82. 

9. The power to employ or discharge teachers rests solely with the 
school board, and not with the county superintendent or directly with 
the electors of the district. This applies also to vacancies that may oc- 
cur by reason of sickness or any other cause. 

10. A school board has no authority to employ an interpreter in 
Mexican districts to help out a teacher who does not understand the Span- 
ish language. 

Vaccination authorized by county board of health. 

11. If the school board has demanded that the pupils of a school 
be vaccinated, its action being authorized or required by the county 
board of health, pupils should comply with the requirements made. The 
county board of health is expected to act in accordance with the rules 
c^.nd regulations of the State Board of Health, and also to see that all 
necessary precautions are taken in the schools of their counties to guard 
against contagious diseases. 



117 



PUBLIC SCHOOLS. 

Electors vote to erect teacher's residence. 

12. When the electors of a school district, at a legal meeting, vote 
to erect a building on the school site of the district to be used as a 
teacher's residence, and vote a special tax for that purpose, such action 
legally authorizes the directors of the district to contract for the erection 
of such a building. 

Term lengthened iy private subscription. 

13. If the term of a public school be lengthened by private sub- 
scription, the time of such lengthening may be counted toward providing 
for the length of term required by law. 

By private subscription. 

14. If a school teacher is engaged to teach a school in a district 
and is paid even in part from the public school fund, the school is a pub- 
lic school open to all children eligible to attend school in the district, 
and such a school must be controlled as any other public school is, even 
if supported in part by private subscription. 

15. While a school board would, if they felt so disposed, have a 
right to establish a summer school, they would not have the right to 
limit the attendance to those pupils recommended by the teachers, and 
some others, and require those who desire to attend the school without 
the recommendation to pay their own tuition. It would, however, be legal 
to establish such a school for certain grades, limiting the attendance to 
the specified grades. 

Building — where situated. 

16. School must be held in a building situated within the bounda- 
ries of the district. 

5891. Failure to maintain school for tliree months. 

Maintain organization — entitled to fund. 

1. The three months' school required by law to hold the organiza- 
tion of a district and secure an apportionment should be held between 
July 1st and June 30th. 

2. A district which holds no school, but whose pupils by authority 
of the school board attend school in another district, the school board 
paying tuition to such other district, does not comply with such require- 
ment and is not entitled to its pro rata share of the general school fund. 

3. Four months of school in each school year ai'e necessary in order 
that a district may hold its organization. (See sections 5910 and 6009.) 
Three months of school are necessary to entitle a district to its share of 
the public funds. This practically makes four months of school necessary 
in each district. 

4. No school, except one duly organized according to law, is entitled 
to recognition as a public school, either in the distribution of funds or 
in any other official way. 

5. If the term of a public school be lengthened by private subscrip- 
tion, the time of such lengthening may be counted toward providing for 
the length of term required by law. 

Held — where. 

6. School must be held in a building situated within the boundaries 
of the district. 

7. Sections 5910 and 5891, School Law, '09, provide that four months 
of school in each school year are necessary in order that a district may 

118 



PUBLIC SCHOOLS. 

hold its organization. Three months of school are necessary to entitle 
a district to its share of the public fund. This practically makes four 
months of school necessary in each district, and the four months of 
school required by law to hold the organization of a district and secure 
an apportionment should be held between July 1st and June 30th. 
No. A 10. 

8. A district which holds no school, but whose pupils, by authority 
of the school board, attend school in another district, the school board 
paying tuition in such other district, does not comply with the require- 
ments, and is not entitled to the pro rata share of the general school 
fund. No. 29. 



119 



SCHOOL CENSUS. 



€014. Census — school age. 

Who included in census. 

1. If territory is added to a district after the annual census of tliat 
district has been taken, the names of persons of school age residing in 
the annexed territory should be added to the census list and the district 
given its per capita for such additional names. 

2. Deaf mutes and blind persons between the ages of six and 
twenty-one should be included in the school census. 

3. The names of all persons of school age must be included in the 
census. The law makes no exception in regard to married persons. 

4. In determining the residence for the purpose of taking school 
census, it matters not where the unmarried person of school age may 
be whose parent or guardian lives in the state. The residence of such 
person is fixed by the bona fide residence of the parent or guardian, and 
this must be determined by the census enumerator. 

5. If renters renting by the year and having no other home send 
children to school, the district in which they are residing in a rented 
house should enroll the children. 

If renters rent by the month, leaving when school is out, and having 
a fixed home elsewhere, the children should be enrolled in the district 
where the fixed home is located. , 

If renting by the month and having no home elsewhere, although 
leaving when school is out, the children should be enrolled in the dis- 
.trict where they rent. 

If the mother votes in a certain district, living there with the chil- 
dren, that would be her residence and the children should be enrolled 
in such district. 

6. A non-resident of a school district is one whose permanent dwell- 
ing place is not within the boundaries of that district. 

7. The residence of a minor is the residence of his parents or 
guardian. 

8. In the case of families living in one school district, but sending 
children to school in another district, the children must be listed in the 
district in which the parents reside, and not in the district in which they 
attend school. 

9. The residence of the parents or guardians determines the school 
district in which the children's names should be listed. In case the 
mother has one legal residence and the father another, the residence of 
the mother determines the residence of the children. 

10. In the case of a family residing in good faith upon a home- 
stead on the 10th day of April, for the purpose of proving up on the 
same, the children of school age should be listed in the district in which 
the homestead is located, although the family may reside during the 
school months for the purpose of attending school in another school dis- 
trict. However, if the parents vote in the latter district, they are not 
residing upon the homestead in good faith, and in such case the children 
should be listed in the district where the parents vote. 

11. Where a family own, and part of the year reside, upon a ranch, 
but move to another school district for the purpose of securijig school 
advantages only, they are residents of the district in which the ranch 
is located, and are entitled to school privileges in the other district only 

120 



SCHOOL CENSUS. 

I 

in such manner as may be agreeable to the board of directors thereof. 
No. 72. 

12. The hona fide residence of the parents determines the school 
district in which the children's names should be enrolled. Where a 
family resides regularly a part of the year in any one district and a 
part of the year in another, the residence for school purposes should 
be the one held in good faith on the 10th day of April, but when people 
move into a town at the beginning of the school year, expecting to 
return to their permanent home, at the close of school, they can not 
claim residence, and the school board has a right to charge tuition to 
children sent to school by such families. No. A 131. 

Who excluded from. 

13. A person of school age can not be enrolled in the school census 
of a district in which he does not reside, though his father is employed 
and boards in said district, and claims his residence therein, when it 
appears that such person of school age has never actually been in said 
district and when he actually lives in a foreign country or state or when 
he is properly enrolled in any other school district in this state. 

14. It would not be legal to enroll the persons of school age be- 
longing to the State Industrial School in Jefferson county upon the cen- 
sus lists of the school districts where the schools are located, providing 
such persons have a residence elsewhere. The names of such persons 
would appear upon the census lists and would draw from the general 
school fund for the benefit of the districts in which is their true resi- 
dence, and the state makes its own special provision for the education 
of such persons in the industrial schools. 

15. The persons of school age in the State Industrial School should 
not be enumerated as part of the school census in the school district in 
which the school is located. The state makes its own provision for the 
education of such persons. No. 9. 

Apportionment according to census. 

16. Sections 5888, 5889 and 5890 specify in detail how school funds 
shall be apportioned, and the funds should be paid to the districts as 
therein provided. Whenever it becomes the duty of the county super- 
intendent to distribute the funds, under said provisions, the other county 
officers have no authority to vary, in any degree whatever, his decisions 
or acts in relation to such apportionment. Section 5890 specially pro- 
vides that the apportionment shall be according to the school census as 
shown by the lists and reports of the several districts for the school year 
immediately preceding. No. 61. 

Classification of districts. 

17. If a district was organized as a first class district at one time 
and should later fall beloAV a thousand in the school population, this fact 
would not change the status of the classification. No. A 102. 



121 



STATE BOARD OF EDUCATION. 



5868. Grant diplomas — effect. 

Grades — how applied. 

1. The grades received on a teacher's high school certificate would 
not be credited on a state diploma. 

2. Grades received at a county examination could not be trans- 
ferred to a state certificate. 

Certificates from other states. 

4. State certificates issued by other states are not recognized by 
the law of Colorado. Persons who wish to teach in this state must hold 
certificates issued upon examination by the proper district, county or 
state authority. 

Normal institute fund. 

5. The State Board of Education has no power to require and 
force county commissioners to perform their duties in relation to the 
distribution of Normal Institute funds. The interested parties must 
bring proper proceedings in court to get relief. No. 13. 



122 



STATE NORMAL SCHOOL 



6142. Diploma license to teach — license annulled. 

Registration of normal school diploma. 

1. The law requires that the state normal school diploma, held by 
one who is to teach in a certain county, shall be presented to the county 
superintendent for inspection and registration by him, and until this is 
done the teacher is not legally a teacher in the county, and therefore 
should not receive her salary until she has fully complied with the law. 

6143. No fee for diploma. 

No fee for registration. 

1. - No law authorizes a county superintendent to charge a fee for 
registering a certificate issued by the state normal school. 



123 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



5873. Duties of superintendent. 

No right to compel county superintendent to grant petition. 

1. The county superintendent has no right to grant or not to grant 
a petition for the establishment of a new district, and the state super- 
intendent has no right whatever to compel any county superintendent to 
grant such a petition if, in the county superintendent's judgment, it is 
not wise or desirable. 

Take no part in organizing district. 

2. It is not within the province of the state superintendent to take 
any part whatever in the organization of a new school district. He may, 
however, as a member of the state board of education, pass upon the 
legality of such organization when an appeal is taken to the board from 
the decision of the county superintendent. 

3. The state superintendent has no power to establish a school in 
any locality. No. A 39. 

In regard to special elections. 

4. The state superintendent has no power to set aside a special 
meeting of the electors of a district. This is a question to be decided 
by the courts. No. A 48. 

5. The state superintendent has no authority to call a special 
school election, since the law provides that it must be called either by 
the secretary of the board of directors or by two legal voters in the 
district, as specified in section 5918. No. A 181. 

TVo poiver to compel county superintendent to turn over records and funds. 

6. If a county superintendent fails to turn over to the county 
treasurer moneys received by him as required by law, and also does not 
turn over to his successor the records of the office, the matter should 
be called to the attention of the county commissioners. They may, by 
law, proceed in civil action for the recovery of any moneys due the 
county. The county superintendent is also liable, upon his bond, for 
the improper performance of his duty. But it is a matter over which the 
state superintendent has no jurisdiction. No. 19. 

Isfo power to retnove members of district boards. 

7. The state superintendent has no power to remove members of 
district boards. The only manner in which a school director can be 
removed is by action in courts upon suit brought by electors of the dis- 
trict, and in such a case absolute violation of the law in connection with 
his duties as school director must be proven to accomplish the removal. 

Powers in regard to certificates. 

8. The state su'pei'intendent has no authority to grant a certificate 
to teach except when dii'ected to do so by a vote of the state board of 
education in cases of appeal and of state examination. 

9. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 

124 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter of 
comity, and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 

10. The laws of Colorado do not give the state superintendent the 
right to authorize the county superintendent to hold a special examina- 
tion. Examinations for teachers' certificates can not be taken at any time 
except at those times prescribed by law for public examinations. 

11. When an applicant of lawful age presents himself for the county 
examination, the county superintendent has no course other than to 
receive and grade the papers and report the same to the superintendent 
of public instruction. A county superintendent can not legally withhold 
a certificate at the request of a person who, as a lawful applicant, appears 
at the examination. 

12. The state superintendent has no right to endorse certificates; 
that is a matter which rests with the county superintende^it. 

13. The state superintendent has no authority whatever to waive 
in any manner the requirement for the issuing a certificate to teach, nor 
to order a county superintendent to change the marking, unless the appli- 
cant appeals from the decision of the county superintendent to the state 
board of education. 

14. The state superintendent has no authority whatever to waive 
in any manner the requirements of law for a license to teach, nor to 
grant a temporary certificate or permit, nor to authorize a county super- 
intendent to grant such certificate or permit. 

15. The laws of Colorado do not give the state superintendent the 
right to endorse certificates of any kind from other states. 

16. The law makes no provision for the writing of a duplicate cer- 
tificate for the convenience of the person holding a first grade certificate. 
Special permission may be obtained from the state superintendent by a 
county superintendent to write a duplicate certificate in case the holder 
of the original gives proof of its being lost or destroyed. 

17. The state superintendent has no authority to excuse a person 
from taking an examination. 

5887. Apportionment of school fund. 

Tioo apportionments, 

1. There are only two apportionments of the school fund by the 
state superintendent during the year, one in January and one in July. 
Other apportionments, if any, are made by the county superintendents. 



125 



TEACHERS. 

5990. Must have license — expiration — proviso. 

License — qualifications. 

1. The law provides that an applicant for a teacher's certificate 
must not be less than eighteen years of age. It would be illegal to grant 
a certificate if the applicant did not meet that requirement. It would 
also be illegal to employ a teacher without the necessary license issued 
by the proper authorities. 

2. A person can not be legally employed to teach in the public 
schools for any length of time, however short, unless such person has 
a certificate to teach, issued by the proper authorities. 

3. An unlicensed person can not legally be employed as substitute 
teacher in the public schools of this state. A substitute teacher must be 
provided with the proper certificate. 

4. It is held that a teacher may continue school until notice is 
given of the failure to obtain a certificate. 

5. A teacher holding a certificate to teach, issued by the proper 
authority, is entitled to all the rights and emoluments implied thereby 
until certificate is revoked for cause. 

6. The engagement to teach of a person who has no certificate by 
school directors is illegal, as no contract could be made between the 
school board and such a person. The fact that she draws no pay would 
not entitle her legally to teach the school. A school so taught could not 
be considered a public school, nor could the months of school so taught 
be counted in, or reported as, months of public school work. School 
directors could only as private citizens employ a teacher to teach a pri- 
vate school. There is no possible way in which the public school work 
and the private school work can be combined, or the private school work 
legalized as public school work, or a private school teacher, uncertificated, 
in any way be considered as a public school teacher. 

7. In a district of the first class, the school board would have the 
power to employ a city superintendent who holds satisfactory evidence 
of adequate training for the work he is to do without requiring an 
examination; but in a second class district, the superintendent would 
be required to take the examination if he instructs in any of the 
branches other than music, drawing and modern languages. A. 121. 

Contract. 

8. Two members of the school board in districts of the second and 
third classes can make a legal contract without the consent of the third 
member; Providing, Such contract is made at a regular meeting,, or at a 
special meeting legally called, and of which all the directors had legal 
notice. 

9. When a teacher begins work without having entered into a 
definite verbal or written contract with the school board which employs 
her, she has a right to leave the school at any time, and the school board 
has the right to discharge her at the end of the first month's work, and 
also to employ another teacher. 

10. A school board can hold a teacher to a contract for the time 
therein agreed. 

126 



TEACHERS. 

11. In case of two members of the board at a legally held meeting 
of the board voting a certain sum as the teacher's salary, written notice 
of such action being sent to the teacher, the notice is binding upon the 
hoard and equal to a contract. 

12. If a school board makes a legal contract either verbal or in 
writing with a teacher, providing for his re-election and specifying the 
salary he is to receive, the board could not at a later meeting change 
Its action without cause. 

13. An oral contract made between a teacher and a school board 
is as binding as a written one; Provided, That each party can prove the 
terms of the contract. 

14. Under a written contract with the school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time. 

15. The board of directors have exclusive jurisdiction in the em- 
ploying and discharging of teachers. 

16. A contract between a teacher and his substitute is not binding 
upon the board of directors. 

17. A contract to teach made by two directors in a second or third 
class district with the proposed teacher is valid, and the person so en- 
gaged can collect the amount named in the contract as compensation for 
his services, if he performs such services in accordance with the terms 
of the contract. 

18. If a teacher is not competent to conduct a school, tli^ school 
board is not bound by the contract. 

19. When a contract is reduced to writing, it is supposed to express 
the intention of the parties, and when such intention is clear, it can not 
be changed by oral evidence. 

20. Since there was no written or verbal contract in regard to 
the length of joviv school term, you can not compel the board to continue 
the school for any stated time. The school board has the full power 
to decide wnat the term of school shall be. 

21. The directors of a district have no legal right to make a con- 
tract with a teacher to pay wages in excess of the revenues for the year. 

22. If a teacher receives from the secretary of a school board, in 
pursuance of an order of the board, a letter notifying him of the length 
of term and salary, such notification would stand in law as a contract 
should the teacher accept. 

23. A verbal promise given to a teacher by members of a school 
board at other than a regularly called meeting is not in any way binding 
upon the board. The members have a perfect right to engage some other 
person when a regular meeting of the board is held. 

24. When a teacher enters into a contract with a board of directors 
to teach a certain number of months it is understood that customary 
vacations may intervene, even though not specified in the contract, and 
that the teacher will not receive compensation for the time occupied by 
said vacations, he being expected to teach the full number of months 
specified in the contract, aside from the time included in the vacations. 

25. A contract made with the president and treasurer of a school 
Loard would be legal, even if there is a vacancy in the office of secretary. 
A warrant signed by the above named members, under the circumstances 
mentioned, should be considered a sufficient warrant for recognition by 
the county treasurer. 

26. The appellate courts of this state have never decided the ques- 
' tion Of legality of a school board to contract with teachers before the 

annual election establishes a new board of school directors. When there is 
no statute regulating expressly or by implication the time wherein a con- 
tract might be made, the prevailing decision concedes the power to the 

127 



TEACHERS. 

board of directors to enter into agreement for a period commencing or 
extending beyond their term of office or at least the term of office of a part 
of the members of the board; Provided, The contract is made in good faith 
without fraudulent collusion and otherwise in conformity to law. No. 57. 

No covijiensation without license. 

27. It would be illegal for a school board to pay the teacher, unless 
she was provided with a certificate issued in the county, or with certifi- 
cate recognized in some way by the county superintendent. 

28. Any elector of the district or the county superintendent of the 
county, through legal process, may prevent the board from paying out 
money as wages to a teacher when she does not possess the necessary 
license. 

29. It is a violation of the law to endorse county teachers' certifi- 
cates issued in this or any other state, if the certificate be not in full 
foi'ce at the date of such endorsement. Should the board employ a 
teacher without a license to teach, all claim to compensation on the 
school fund for the term will be forfeited. 

30. If a school board employs teachers who do not hold legal cer- 
tificates, such board is liable for the teachers' salaries, since it is a 
direct violation of the law to pay such teachers from the public funds. 

31. It would be illegal for the school board to pay the teachers 
unless they are provided with certificates issued in the county or with 
certificates recognized in some way by the county superintendent. Any 
elector of the district or the county superintendent can, through legal 
process, prevent the board from paying out money as wages to teachers 
without the necessary certificates. 

Salary. 

32. The only way by which a teacher's salary can be legally 
increased, during the term for which she is employed, would be at a 
regular or special meeting of the school board. 

33. A teacher's only recourse against a school board that refuses 
to issue a warrant for salary is through the courts. 

34. A teacher is under no obligation to make up time lost when 
school is closed for the purpose of repairing buildings. If a teacher 
absents himself a day or more from his work, he himself being responsi- 
ble for the loss of time, he must make good the loss of time or forfeit 
his pay. 

35. A school board can not compel a teacher to make up time lost 
during the time a school was closed because of the prevalence of a con- 
tagious disease; Provided. Said teacher holds himself in readiness to 
teach, subject to the order of the board. 

36. A teacher can draw her wages during the time that a school is 
closed on account of an epidemic. 

37. A teacher is not entitled to receive pay for the time lost while 
attending a teachers' examination. 

38. If the directors authorize the use of the school house for elec- 
tion purposes, the teacher is entitled to pay for time thereby lost. 

39. If a teacher is ready to begin school at the time specified in his 
engagement, and owing to neglect of duty on the part of the school 
board, can not do so, he is not compelled to make up the time thus lost, 
but is entitled to his salary from the time specified in such engagement. 

40. If, with the consent of the directors a teacher holds school on 
a legal holiday to make up for a day lost, the teacher is entitled to pay 
for the full month. 

41. There is no law authorizing a teacher to draw his salary for 
two weeks spent in attending the normal institute. 

128 



TEACHERS. 

42. The board of directors has no right to deduct from a teacher's 
salary for legal holidays occurring during the school term. 

43. If the board of directors closes the term of school before the 
expiration of the time contracted for, the teacher being ready to fulfill 
his part of the contract, the board is liable for the teacher's salary for 
the full term agreed upon. 

44. A teacher may collect salary to the amount of actual damage 
suffered by the failure of the board of directors to fulfill its part of the 
contract. 

45. A teacher may collect salary for the number of months speci- 
fied in the contract entered into with the board of directors of the school 
district where he teaches; Provided, The directors have not contracted 
with the teacher to pay wages in excess of the revenues for the year. 

46. Under a written contract with a school board to teach a stated 
length of time, a teacher is entitled to compensation for the full time, 
although the school should lapse by reason of the residents leaving the 
district; Provided, The teacher has fulfilled her part of the contract and 
expresses her willingness to complete the requirements of her agreement. 
The school board should have taken into consideration the possibility of 
such an event at the time the contract was made. 

47. To be entitled to his salary for the day, the teacher should 
remain in the school room after the hour of opening, both forenoon 
and afternoon, a sufficient time to determine that no pupils will be in 
attendance. 

48. A teacher, having accepted a stipulated salary, can receive that 
salary only by warrants drawn by the district secretary, and takes them 
for what they ai-e v/orth. It would not be proper for the board to simply 
supplement, by an additional warrant, the shrinkage of irregular 'war- 
rants on account of the discount in the market. The deficit may be 
made good by the board, at a regular meeting, voting to advance the 
salary so as to cover the shrinkage in value of the depreciated warrants. 

49. When school district warrants are sold at a bank or elsewhere 
and a discount is charged, the holder of the warrant must bear the loss. 

50. Where a county superintendent calls a county institute or 
teachers' association, he has not the right to rule that the district must 
pay the teacher for the same, as if she had taught school, although the 
school boards would have the right to give the teacher such a day ana 
pay her for it upon the request of the county superintendent. The right 
in the matter rests with the district board. 

51. The law makes no provision concerning a secretary sending a 
teacher her warrant, but it would be advisable for the members of the 
board to sign these warants at their- meeting and send the same to the 
teacher. 

Employment. 

52. Since the law gives the board the right to employ and discharge 
teachers and to fix and order paid their wages, the electors of the district 
could have no voice in the matter, and while the patrons of the school 
would have a right to circulate a petition requesting the board to engage 
a certain teacher, the board would have the right to ignore the petition 
if they desired to do so. 

53. It is absolutely illegal for the members of a school board to 
appoint a teacher at any tim.e or in any way save through the action of 
a majority of the board at a regularly called meeting of which all the 
members have had due notice. 

1 54. A school board has the absolute right to engage the teacher, or 
teachers, for the school district. The fact that a majority of the tax- 
payers sign a petition making a protest against the selection made by 
the board can not in any way affect the legal right or the action of the 
board in the matter of the appointment of a teacher. 

129 



TEACHERS. 

55. One member of a school board can not legally employ a teacher 
except when ordered to do so by board or at a regular or special meeting. 

56. If a misunderstanding occurs as to the employment of a teacher 
and two of the board refuse to enter into a contract with the teacher 
who was chosen by the other member, the teacher could not legally claim 
her appointment. 

57. In case a summer school is to begin in a district, either before 
or on the day upon which' the annual election is held, it would be legal 
for a board to engage a teacher for such a school. 

58. It is illegal to employ a school teacher save at a regularly 
called meeting, of which due notice was given to every member of the 
board. It is also illegal to transact any business save at such duly called 
meetings. 

Special subjects required. 

59. A school board would have the right to require work above the 
eighth grade to be done, providing there was nothing in the contract 
made with the teacher which would give her the right to object to doing 
such work. 

60. The law makes the same reuqirements of the principal or teach- 
ers of a county high -school as of any school of high grade. Therefore, 
a special certificate covering the high school branches must be obtained 
by the applicant who expects to teach in a county high school. 

61. It is the duty of the teacher to teach whatever branches may 
be specified by the school board, since that body is given the right to 
establish a course of study for the school of its district. If the teacher 
has failed to teach the branches requested by the board, it would prob- 
ably not be sufficient reason for the board's refusing to sign the warrant 
for her services as teacher for the time she has been employed in the 
school, yet it is possible that it might be held as sufficient grounds for 
the dismissal of said teacher. 

62. School boards have authority to employ special teachers for 
special branches, but such teachers must have valid certificates in order 
to entitle them to be paid from the school funds, even though such teach- 
ing is done outside of regular school hours. 

63. If a teacher has been employed to teach a certain department 
of a school, the school board would not have the right to close another 
department and require one teacher to do the work of both departments, 
unless such an arrangement had been made in the contract entered into 
between the teacher and the board. 

G4. A teacher can not be required to teach instrumental music in 
a school, as the branch is not one included in the requirements of a 
common school course. 

Dism,issal. 

65. A school board may dismiss a teacher for incompetency or 
immorality. A county superintendent may revoke a certificate of any 
kind at any time for immorality, incompetency or any just cause. 

66. The laws of this state make it impossible for a school board to 
. discharge a teacher without some cause that would be considered in the 

court a sufficient reason for breaking the contract between the teacher 
and the school board. Incompetency, immorality, drunkenness, etc., are- 
the reasons that have been held sufficient. 

67. A teacher can not be legally dismissed before the expiration of 
the time for which she is engaged "without good cause shown," and if 
so dismissed she can collect full salary; Provided, She holds herself in 
readiness to fulfill her part of the contract. 

68. Two members of a school board have the right to dismiss a 
teacher, providing their action is taken at a regular or special meeting 

130 



TEACHERS. 

of which all members of the hoard have notice. But a teacher having a 
contract with the board can not be dismissed without good cause for such 
action being shown. 

69. A teacher can not be legally dismissed before the expiration of 
the time for which he is engaged, without good cause shown, unless there 
is a clause in the contract making provision for such contingency. 

70. Section 5990, school laws of Colorado, contains the following 
statement as the closing sentence: 

"No teacher shall be dismissed without cause shown, and such 
teacher shall be entitled to receive pay for services rendered. At the top 
of page 80, Seventh Biennial Report of the superintndent of public 
instruction, an official decision states 'that a teacher can not be legally 
dismissed before the expiration of the time for which she is engaged, with- 
out good cause shown,' and if so dismissed she can collect full salary, 
provided she holds herself in readiness to fulfill her part of the contract." 
The following is the decision of the Supreme Court of Michigan (April 
30, 1880) in the case of Dewey vs. Union School District: "If the school 
board discloses the school during the term because of the prevalence of a 
contagious disease, the teacher does not lose his pay, unless he consents 
to lose it, provided he holds himself in readiness to teach subject to the 
order of the board. There may be a condition of things which makes it 
eminently expedient and prudent to stop the schools, but no rule of justice 
will entitle the district to visit its- misfortune upon the teacher who had 
no agency in bringing it about." (Dewey vs. District, 42 Michigan, 480.) 
It will thus be seen that the oificial decision of this department contained 
in the Seventh Biennial Report is sustained by the highest judicial 
authority in the state of Michigan. 

71. The school board has in its power to dismiss a teacher for 
incompetency or immorality. But according to section 193, last clause, 
school law of Colorado: "No teacher shall be dismissed without good 
cause shown, and such teacher shall be entitled to receive pay for services 
rendered." In order to make good charges of immorality specific acts 
must be declared and supported by affidavits of witnesses. The possession 
of a proper certificate of qualification is priTna facie evidence of compe- 
tency and fitness. The law provides that a county superintendent "may 
revoke certificate of any grade at any time for immorality, incompetency 
or any other just cause." If satisfied that the charges can be sustained 
by proof, the proper course for the board is to bring the matter to the 
attention of the county superintendent, with a request that he make use 
of the power granted him by the law. 

72. A certificate to teach can not be revoked by a county superin- 
tendent without having good and sufficient reasons for so doing. Alleged 
exorbitant wages named in a contract between him and the directors of 
a district would not be lawful reason for revoking a certificate, unless 
fraud of some kind could be shown. 

73. If a teacher employed in the schools is incompetent to give 
instruction in any of the subjects provided in the course of study for that 
district, the board of directors would have cause for discharging such 
teacher. 

74. In order to make good charges of immorality or incompetency, 
specific acts must be declared and supported by affidavits or witnesses. If 
satisfied that the charges can be sustained by proof the proper course for 
the board is to bring the matter to the attention of the county superin- 
tendent, with the request that he use the power granted him by law. 

Expiration of certificate. 

74. A teacher can not legally teach two months after her certificate 
has expired. In case of the employment of a teacher under such condi- 
tions, any elector could make legal objection to her receiving payment 
from the school funds, and a school board responsible for the payment 

131 



TEACHERS. 

of lier wages under such conditions would be liable for the amount of 
the wages. 

76. It is not legal for a school board to engage a teacher who has 
no certificate, or whose certificate has expired, permitting her to open a 
school, except under the provisions of the law permitting a teacher to 
teach one month after the expiration of her certificate. The school board 
is personally liable for her wages under such circumstances. 

77 "Permission to teach one month after the expiration of certifi- 
cate" is for the purpose of providing against closing the school in case 
of the failure of the teacher to obtain certificate at the last county exami- 
nation. 

Certificate — endorsement of. 

78. The time for which an endorsed certificate is good is simply 
that specified by the endorsement. Section 5990 applies to such cases, ex- 
cepting that the teacher does not have the right to take advantage of the 
one month provision. 

Authority over pupils. 

79. Respecting the jurisdiction of teachers over pupils on their way 
to and from school, it has been recognized that the authority over pupils 
is joint and equal with that of the parent. However, authority over pupils 
when not on the school premises should be confined to protecting and 
promoting the welfare of the school. The teacher should seek the co- 
operation of the parent, if possible, in the government of a child to and 
from school, for the sake of avoiding unnecessary friction. 

Pupils — admittance to grade 

■ ' ■ 80. A school board has the right to make the regulations concern- 
ing the admittance of pupils to a certain grade of the school when the 
fall term commences, said pupils having failed to pass the examination 
given in the spring, and also to authorize the principal to make such 
rules and regulations and to enforce them as if ijiade by the board as a 
body. 

Janitor work not required of teacher. 

81. A teacher is not required to do janitor work in this state unless 
the contract into which he has entered with the district board distinctly 
states that such be the case. 

Married woinen may teach. 

82. While the law does not state that married women living with 
their husbands shall be allowed to teach, there is no law prohibiting any 
person eighteen years of age, who can obtain a certificate, from teaching, 
save when a member of the school board. 

Relatives of directors may teach. 

83. The laws of Colorado do not make it illegal for members of 
school boards to vote for relatives of any degree as teachers. 

84. The fact that a parent is a director upon the school board would 
hot prevent a daughter who has a legally issued certificate from being 
eligible to a position as teacher in the district. 

Husband and wife teach in same school. 

85. The laws of Colorado do not in any way prohibit a husband 
and wife from teaching in the same school. 



182 



TEACHERS. 

5995. Teachers to keep register — statistics — blanks. 

Forfeiture of salary upon failure to make report. 

1. Teachers should submit records of statistics or summaries as 
required, and unless they are duly filed, they can not draw the last 
month's salary. 

2. No part of the last month's salai'y of a teacher should be paid 
until the reports required by law are made and filed according to specifi- 
cations. 

3. In a district where there are two schools, the district teachers 
should send 'in separate reports to the county superintendent and secre- 
tary. 

4. It is the duty of every teacher to keep a daily register and at 
the close of each term of school, not to exceed four months, fill the sum- 
mary in such register, and, in ungraded schools, file the register with the 
secretary of the district, who shall preserve the same. 

Jurisdiction of teacher. 

5. A teacher has no power to suspend pupils permanently, but can 
suspend them temporarily until the matter can be called to the attention 
of the board. 

6. In the absence of any rules and regulations prescribed for the 
government of the schools by the board of directors, it is within the 
power of the teacher to make such reasonable rules and regulations, and 
to enforce them, in the same manner, subject always to the supervision 
of the board of directors. 

7. A teacher has a right to compel the pupils in the respective 
grades to take all the studies prescribed for that grade, unless rules of 
the school board are in existence which would excuse a pupil for valid 
reasons. 

8. It is the teacher's right to establish any regulations for the 
discipline of the school that are not in conflict with the already estab- 
lished rules of the school board. 

9. When a pupil leaves school, taking his books with him, it being 
understood that he has permanently left the school, his name should be 
immediately dropped, instead of being counted as a member for three 
days after his departure. 

10. The teacher of a public school has control to a reasonable extent 
of a child during school hours and while on the school grounds. A child 
would not have the right to leave the school grounds after he has reached 
the school in the morning or to leave the grounds at noon if he did not 
go to his home at noon, but remained in the school house. 

11. . Respecting the jurisdiction of teachers over pupils on their 
way to and from school, it may be stated that the legal decisions in the 
majority of states recognize the authority of the teacher as concurrent — 
that is, joint and equal — with that of the parents. In some states deci- 
sions have been made which give the school authorities some control 
over pupils and their conduct after they have reached home from school. 
However, authority over pupils when not on the school premises should 
be confined to protecting and promoting the welfa,re of the school. Such 
acts only as directly affect harmfully the discipline and teaching of the 
school should be taken cognizance of. For example, truancy, wilful tardi- 
ness, quarreling with other children, the use of indecent and profane 
language, etc. The teacher should seek the co-operation of the parent, if 

1 possible, in such matters, for the sake of avoiding unnecessary friction. 

12. "It has been ruled that a teacher has no power to suspend 
pupils and that the board can not delegate to the teacher its statutory 
power in that matter. It would be proper to assume that the teacher 

133 



TEACHERS. 

has the power to temporarily suspend, long enough for the matter to 
be called to the attention of the district board. It would also seem proper 
to say that the board may act entirely upon the recommendation of the 
superintendent in regard to suspension and expulsion, but the act of 
suspension must be the act of the board." 

Duties. 

13. It is the duty of the teacher to teach high school studies when 
such studies are prescribed by the board of directors as a part of the 
course of study. 

14. A school board has a legal right to require such "qualifications 
of teachers as seem to them to be for the best interests of the school; 
Provided, Such qualifications do not conflict with those required by the 
state.. 

15. The authority conferred on boards of directors by the school 
law of Colorado (section 5925), "to fix the course of study, the exercises 
and the kind of text books to be used," make applicable the decision of 
the Supreme Court of Ohio. A teacher can not safely disregard in such a 
matter the request of the board. 

16. The teacher has a right to her Hour's intermission at noon, 
providing she teaches the requisite six hours through the day. She is 
required to teach school from 9 a. m. until 4 p. m., unless the board gives 
her permission to finish at an earlier hour. 

Special teacher. 

17. The law makes no provision whereby the board of directors of 
a district can appropriate school money to pay a special teacher for the 
pupils of said district who are unable to attend the regular school. 

Directors poioer over teacher and pupils. 

18. Under the constitution and laws of this state the board of 
directors of any district have power to establish reasonable rules and 
regulations for the government of the schools under their charge, for 
controlling the conduct of teachers and pupils, not only while in the 
school room, but while going to and from the school, and such reasonable 
rules and regulations may be enforced by suspension, expulsion or cor- 
poral punishment, as the board of directors may determine. 

Dismissal. 

19. In, order to make good charges of immorality or incompetency, 
specific acts must be declared and supported by affidavits or witnesses. 
If satisfied that the charges can be sustained by proof, the proper course 
for the board is to bring the matter to the attention of the county super- 
intendent, with the request that he use the power granted him by law. 

Physician's ceriftcate not required. 

20. There is no law requiring a teacher to have a physician's certifi- 
cate of good health. This matter is governed by the board of directors. 

Unaccepted papers from another county. 

21. Neither the state superintendent of public instruction nor the 
state board of education have the power to compel a county superin- 
tendent to recognize examination papers prepared under the supervision 
of the county superintendent of another county. This is a mere matter 
of comity and is not sanctioned by law. Therefore, whenever a teacher 
appeals from the refusal of a county superintendent to accept such papers 
and mark them and issue a certificate thereon, the board of education 
has no other course than to dismiss the appeal. 

134 



TRUANT SCHOOLS. 



5981. No religious instruction in school — religious training. 

<» 
Directors determine use of Bihle in school. 

1. Neither the constitution of the state nor the statutes touch 
directly the reading of the Bible or prayer or any other form of religious 
or devotional exercises, except to forbid that observance or participation 
shall be compulsory. The spirit of the constitution permits religious 
exercises in school if nothing sectarian is introduced and the trustees 
do not object. The laws of the different states bearing on this point 
differ. In Iowa "neither the electors, the board of directors nor the sub- 
directors can exclude the Bible from any school in the state." In Mis- 
souri, on the other hand, "directors may compel the reading of the 
Bible." In Dakota "the Bible may be read in school not to exceed ten 
minutes daily, without sectarian comment." In 1869 the Cincinnati board 
of education forbade the reading of the Bible in the public schools of 
that city. An appeal was taken to the courts, and in 1870 the Superior 
Court of Cincinnati decided against the board of education. In 1873 
the Supreme Court of Ohio reversed this judgment and sustained the 
board of education. In delivering their opinion the judges "held that, 
the management of the public schools being under the exclusive control 
of directors, trustees and boards of education," it rested with them 
solely to determine "what instruction should be given and what books 
should be read therein." 

2. The law of Colorado does not specify concerning the reading of 
the Bible in the public schools, the school boards of the state having the 
right to specify as to what shall be the practice in the matter. 



135 



INDEX 



INDEX 



Note— Numbers at right refer to sections of law and pages; numbers marked 
"d," to decisions; Roman numerals to Constitution. 

Section. Page. 

ALCOHOLIC DRINKS AND NARCOTICS 6011 8 

Nature and effect of alcoliolic drinks and narcotics 6011 8 

study of, require hygiene and physiology in schools d. 1 

Officers enforce provisions of act 6012 8 

cigarettes d. 1 

APPEALS— 

Appeal from county superintendent to state board of education. .6006 9 

when, how and by whom taken d. 1-5 

from grading examinations d. 6-8 

may continue school during pendency of appeal d. 9 

state board may order certificate issued ■- — d. 10 

appeal from change of boundary d. 11 

BONDS— 

Contracting of bonding indebtedness 5942 11 

qualifications for voting on bonds d. 7-15 

county high school can vote bonds d. 16 

levy for the payment of interest in third class districts.. d. 17-19 

purposes for which bonds can be voted d. 20 

certificate of indebtedness d. 21-22 

ballot box, when open d. 23 

in consolidated districts d. 24 

funding floating debts d. 25 

in joint districts - d. 26 

Change of boundaries not release property— annexed property. .5948 13 

lands not subject to tax d. 1 

lands subject to tax d. 2-3 

CERTIFICATES— 

Grades of certificates 5994 14 

life of first grade certificate d. 1-8 

teachers of manual training d. 9 

renewal optional with county superintendent d. 10-13 

endorsement of first grade certificate d. 14-17 15 

experience necessary for first grade certificate d. 18-21 

duplicates d. 22-24 

life of second grade certificate d. 25 

experience not necessary for second grade certificate... d. 26 

second grade certificate can not be renewed d. 27 

second grade certificate not changed withoiit examina- 
tion d. 28 IC 

life of third grade certificate d. 29 

third grade certificate — when invalid d. 30 

like grade certificates d. 32-42 

revocation of certificates d. 43-44 17 

applicant under age d. 45-48 

college diploma not license to teach d. 49-52 

permits not granted d. 53-54 

expiration d. 55 

from other counties— optional — d. 56 18 

appeals from county superintendent d. 57-66 

. of first class districts d. 67-79 

139 



INDEX. 

Section. Page. 
COMPULSORY. ECUCATION— 

Unlawful to employ children under fourteen during school 541 20 

child must be taught in English d. 1 

does not apply to deaf and blind d. 2 

Children sent to school — exception — appeal 530 20- 

applied to districts of all classes d. 1 

law does not prohibit a pupil from being expelled d. 2 

parents can not avoid law by sending children away d. 3 

demands of law not met by teaching German d. 4 

instruction at home d. 5 

instruction in private schools d. 6 

board can not pay for private instruction d. 7-9 21 

meaning of terms "years" and "court of competent juris- 
diction" d. 10 

Failure to comply with act— misdemeanor— penalty 543 21 

parents can not avoid law by sending children away d. 1 

School director prosecute— failure— penalty 544 21 

duties of directors d. 1-5 

funds of district used to prosecute d. 6 

Malicious prosecution 545 22 

meaning of the terms "year" and "court of competent juris- 
diction" 22 

Minors between 14 and 16 must read and write— duty of em- 
ployer 547 22 

demands of law not met by teaching German d. 1 

Truant— who is— juvenile disorderly person 533 22 

school directors must enforce law d. 1-4 

does not prohibit expulsion d. 5 23 

Truant officer — duties — conviction of parent 534 23 

truant officers d. 1-2 

funds of district used to enforce law d. 3 

CONSTITUTION— 

Suffrage and election VII 

wife of alien when naturalized d. 1-2 VII 1 

qualification of electors d. 1-5 VII 6 

Education VII 

when land will escheat to the state and become part 

of the school fund d. 1 IX 5 

school funds not used for teaching sectarian doc- 
trines d. 1 IX 7 6 

directors determine use of Bible in schools d. 1-2 IX 8 

Revenue X 

church property not taxable d. 1X5 

school board can not loan district money d. 1 X 13 

Public indebtedness XI 

debt incurred must be by vote of electors d. 1 XI 7 7 

Counties XIV 

qualifications to be eligible to office d. 1 XIV 10 

not a tax payer does not qualify d. 2 XIV 10 

qualifications— 'ceases to be director d. 1 XIV 15 

COUNTY SUPERINTENDENT— 

Election— oath— bond— term of office 5877 24 

qualifications d. 1-3 

Compensation of county superintendents — office hours 5886 24 

salary d. 1-2 

expenses, how paid , d. 3 

Deputy— how paid 5879 24 

deputy— compensation d. 1-3 

140 



INDEX. 

COUNTY SUPERINTENDENT— Continued. Section. Page. 

Duties of County Superintendent 588] 25 

sale of school house— when void d. 1 

separate reports sent — to whom d. 2 

county superintendent may teach d. 3 

duties d. 4-5 

can refuse examination papers from another county d. 6 

illegal expenditure of funds— protest— suit to recover d. 7 

accounts d. 8-10 

powers d. 11-23 26 

Appoint directors .5884 27 

vacancies on board— how filled d. 1-6 

director must reside in district d. 7 

Boundaries of school districts — record — prepare maps 5885 27 

boundaries of districts d. 1-2 

County superintendent compare census list — ascertain number 

of blind and deaf mutes 5939 27 

residence defined d. 1-11 

children's residence— where d. 12-19 28 

minor's residence — where d. 20-23 29 

renter's residence — where d. 24-27 

retain residence — how d. 28 

non-resident — who d. 29 

Apportionment of county school fund 5888 30 

transference of funds d. 1-2 

basis of apportionment d. 3 

Apportionment of school fund — basis 5889 30 

for new district d. 1 

basis of apportionment of funds ■ d. 2 

Apportionment r 5890 30 

apportionment, when and how made d. 1-2 

COUNTY TREASURER— 

Duties of county treasurer 5900 31 

duties d. 1 

legal custodian of school fund d. 2-3 

keep account school funds d. 4-8 

penalties — fines d. 9-11 

Treasurer keep separate accounts— warrants 5901 32 

legal notice d. 1 

warrants d. 2-12 

DEAF AND BLIND SCHOOL— 

Admission of pupils — support — county superintendents 4334 33 

attendance not compulsory , d. 1-2 

DIRECTORS— 

Directors— classification of districts 5915 35 

qualifications of directors d.- 1-5 

election of directors d. 6-10 

classification of districts d. 10-12 36 

witness fees not allowed d. . 13 36 

secretary and treasurer— offices distinct d. 14-15 

Directors qualify within twenty days — vacancies — treasurer's 

bond and report— oath of office 5922 36 

oath of directors d. 1-5 

directors qualify within twenty days d. 6-8 

school boards organize after election d. 9 37 

vacancies d. 10-12 

bond of directors d. 13-15 

directors must reside in district d. 16 

who may be a director d. 17 

141 



INDEX. 

DIRECTORS— Continued. Section. Page. 

Regular meetings of board— special— adjourned 5923 37 

meeting place — notice of meeting d. 1-2 

Special meetings in districts of third class 5954 38 

purpose of meeting d. 1-10 

notice of special meeting , d. 11-17 

who may call d. 18-20 

valid though not reported to county superintendent d. 21 

taxes— when illegal d. 22 

vote of district d. 23 

two directors transact business d. 24 

President sign orders— appear in suits— absence— vacanc"es 5934 40 

orders signed by president d. 1 

auditing bills against district d. 2-3 

compensation of secretary d. 4 

district warrants d. 5-8 

suits against district d. 9-10 

vacancies d. 11-12 41 

time for filing notice d. 13-20 

Duties of secretary— bond 5935 42 

duties d. 1 

duties of secretary d. 2-4 ■ 

census list d. 5-7 

residence in district— how determined d. 8-34 44 

census of deaf and blind d. 35 

apportionment of school fund based on census d. 36 

Further duties of secretary— report 5935 45 

secretary give notice d. 1-3 

valid though not reported to county superintendent d. 4 

special tax levy d. 5 

secretary violate bond d. 6 

failure of secretary to perform duty d. 7 

I records of secretary open to inspection d. 8 

Secretary render statement — books open for inspection 5937 45 

notice of special tax d. 1 

Treasurer countersign warrants — render accounts 5940 45 

warrants— signing of d. 1-11 46 

warrants — issuance of d. 12-16 47 

auditing of bills d. 17 

county treasurer custodian of school funds d. 18-19 

Powers of school boards 5925 

hire teachers d. 1-29 47 

school furniture and supplies d. 30-35 50 

discharge teachers d. 36-41 50 

fix salary '. d. 42-48 51 

compensation allowed secretary d. 49-52 

miscellaneous powers of board d. 53-74 53 

tuition d. 75-85 

fix course of study— special branches— admittance d. 86-106 

text books d. 107-116 55 

school houses — rent — repair — build — remove d. 117-153 57 

custodians of school property d. 154-161 58 

suspend or expel pupils d. 163-174 59 

number of teachers— time d. 175-203 

furnish clothing to indigent children d. 204 62 

use of district funds d. 205-217 62 

powers of directors when district is divided d. 218 63 

» special levy ...." d. 219-222 63 

auditing of bills d. 223-225 

debts d. 226 

bonds d. 227-230 

142 



INDEX. 

DIRECTORS— Continued. . Section. Page. 

Powers of School Boards— Continued • 5925 

pupil's residence d. 231-244 65 

general funds d- 245-249 

special fund d. 250-251 

contracts made by board d. 252-259 

teacher's report d. 260 66 

board of health d. 261-262 

school land d. 263 

DISTRICTS— 

School districts to be body corporate 5913 67 

attorney's fees— how paid d. 1 

Legal school district— when second class become first 5916 67 

first class organized when d. 1-2 

Organization of new districts 5907 67 

how legally organized d. 1-7 

size of territory d. 8-10 68 

twenty children in old district d. , 11 

organization of d. 12-20 

organization optional with county superintendent d. 21-27 

when district liable for debts d. 28-29 69 

people vote on free text books d. 30 

New districts, how organized 5908 69 

election of directors d. 1-2 

two-thirds vote necessary to organize d. 3-4 70 

territory required d. 5-6 

number left In old district d. 7-9 

term of office in new district d. 10-12 

family transferred to another district d. 13-14 71 

county superintendent use discretion d. 15 

failure to make annual report d. 16 

text books— vote of people d. 17' 

appeal from arbitration committee d. 18 

Uniting two or more districts 5909 71 

uniting upon petition of legal voters d. 1-10 

contiguous, when voted upon — notice d. 11 72 

debts of detached territory d. 12-13 

annulment grounds d. 14 

transferring of territory d. 15-18 

annexed territory d. 19 73 

Organization of joint districts 5911 73 

territory attached or detached d. 1-3 

. formed by dividing counties d. 4 

elections , d. 5 

who may vote d. 6 

attached to union high school in another county d. 7 

secretary's bond— warrants d. 8 74 

consolidated districts d. 9' 74 

When new district shall be entitled to public school money 5910 74 

school actually commenced d. 1-4 

failure to open school within six months d. 5-6 

■territory attached and detached d. 7-12 

transfer of general fund d. 13 75 

annulment of district d. 14-17 

when not annulled d. 18-22 

disposition of funds— when district annulled d. 23-24 76 

When new district entitled to share of funds— apportionments — 5912 76 

when district can not be annulled d. 1 

teacher d. 2-4 

census list d. 5-6 77 

transfer of funds d. 7 

certificates of indebtedness d. 8 

143 



INDEX. 

DISTRICTS— Continued. Section. Page. 

Districts may hold real estate 5914 77 

power to condemn d. 1-2 

belongs to school district d. 3 

title obtained through individual d. 4 

building on school land d- 5 

ELECTIONS— 

Annual elections— notices posted 5918 78 

annual election place, time, notice d. 1-19 

polls open three hours d. 20-22 79 

special meeting, notice d. 23 

tax levy reconsidered d- 24 

school when not bound by action of electors d. 25 80 

moving building, vote d. 26 

Qualifications of electors 5919 80 

qualifications of electors d. 1-8 

when election illegal d. 9-12 

judge of election must take oath d. 13 81 

special election <i- 14 

residence of directors d. 15-17 

when an elector not a tax payer can vote d. 18-20 

must be tax payer to vote on bonds d. 21 

who may challenge oath » d. 22-23 , 82 

procuring site for school house d. 24 

who may be director d. 25-26 

candidacy, when vacanC5' occurs d. 27 

Counting votes 5920 82 

tie vote — special election d. 1-4 

power of judges d. 5 83 

contest, question for courts d. 6-7 

when county superintendent fills vacancy d. 8 

when old board holds over .' d. 9 

continued meeting d. 10 

Applies to all school elections 5921 ^3 

ELECTORS— 

Powers of electors, meetings 5955 84 

who may vote ; d. 1-6 

county superintendents remove directors, how d. 7 

site of school house determined by electors d. 8-16 

building of school house determined by board d. 17-32 85 

taxes d. 33-35 86 

bonds d. 36-41 

special levy d. 42-50 87 

board right to hire teachers d. 51-52 88 

free text books by vote of people d. 53-56 

EXAMINATIONS— 

Examination of teachers, deputy, compensation 5991 89 

teachers' high school examinations d. 1-4 

time of examination d. 5-6 

age of applicant d. 7-10 

rules governing examinations d. 11-12 

only one set of papers d. 13-19 90 

permits not granted d- 20-23 

endorsements d. 24 45 91 

superintendent may appoint deputy d. 46-49 92 

special certificate for high school d. 50 

teachers not entitled to pay for time lost in attending 

examination <3. 51 93 

state superintendent can not excuse from examination, .d. 52 

144 



INDEX. 

EXAMINATIONS— Continued. Section. Page. 

Examination of Teachers— Continued 5991 

failure d- 53 

eighth grade d. 54 

answers filed — d. 55 

appealed d. 56 

FLAGS— 

Directors purchase flags 5928 94 

directors purchase flags d. 1 

FUNDS— 

General school funds for school purposes 5898 95 

legal use of general fund d. 1-5 

effect of failure to maintain school d. 6 

draw on school fund d. 7-9 

illegal use of school fund d. 10-18 

for what purposes special funds may be used d. 19-21 96 

two schools of five months do not meet requirements, .d. 22 
money not turned into general fund d. 23 

County commissioners shall cause school taxes to he levied 5893 97 

apportionment of two-mill levy d. 1 

duties of county commissioners in regard to levy d. 2-4 

legal custodian d. 5 

special fund, how used ; d. 6-9 

fund of first class districts d. 10 98 

commissioners no authority to change levy d. 11 

tax not voted d. 12 

directors not exercise power over directors d. 13 

new levy on consolidation d. 14 

warrants drawn d. 15 

special tax d. 16-17 

School board shall certify to commissioners' tax 5895 99 

certify special fifteen-mill levy d. 1-6 99 

school fund not used for singing school d. 7 

levy for libraries d. 8-9 

constitutional prohibitions d. 10 

special levy in first and second class district d. 11 

special taxes collected on lange stock , d. 12 

can not change school tax of resident d. 13 

new levy upon consolidation d. 14 100 

when warrants drawn , d. 15 

basis of estimating maximum of bond d. 16 

■ Special tax levy not to be reconsidered 5896 100 

levy can not be changed d. 1-11 

special tax levy d. 12-15 101 

Normal institute fund 5992 

fee when not required d. 1-2 

fee to whom paid d. 3-4 

fee for duplicate certificate d. 5-6 

Special funds from fines 5897 102 

fines for city marshal , d. 1 102 

duties of county treasurer in regard to funds d. 2-4 

duties of county superintendent in regard to fund d. 5 

distribution of fines d. 6-8 

special funds for forest reserve d. 9 

HIGH SCHOOLS— 

County high schools 5977a 103 

vote upon petition to organize d. 1 

1 school district issue bonds -d. 2 

certificate necessary to teach in high school d. 3 

vote by proxy to establish high school d. 4 

county high school annulled d. 5 

145 



INDEX. 

HIGH SCHOOLS— Continued. Section Page 

High school committee 59T7f 103 

county superintendent has vote d. 1-2 

county superintendent has no vote in electing high 

school committee d. 3 104 

county superintendent not entitled to salary as 

secretary d. 4-5 

principal has no authority over county schools d. 6 

Term of office— vacancy— how filled ■ 5977g 10-t 

expiration of office d. 1-2 

Meetings of committee 5977h 104 

twenty days' notice of special meeting d. 1 

Powers— duties— limit of tax 5977k 10.5- 

law independent of high school law d. 1 

powers of committee d. 2-8 

principal can not be county superintendent d. 9 

union high school entitled to what funds d. 10 

special certificate to teach in high schools d. 11 

warrants not drawn till levy made d. 12 

how county high school is supported d. 13 

High school tax— commissioners' levy— collected \ 5977p 105 

levy for library d. 1 

Union and county high schools 5977h 106 

do not have powers of first class district d. 1 

committee does not make levy d. 2 

Union high school — how established 5956 106 

how established d. 1-4 

entitled to fund d. 5 

county high school law does not repeal d. 6 

not exempt from county high school tax d. 7 

High school committee — term — vacancies 5961 107 

additional oath not necessary d. 1-4 

Powers of committee 5977k lOT 

has right of body corporate d. 1 

powers of board not increased d. 2 

duties as to levy d. 3 

How maintained — proportion of school fund — deficit 5966-5977p 107 

apportionment of school fund d. 1-2 

pupils not draw money for common and high school — d. 3 

incorporated city furnish building d. 4 

union high school entitled to what fund d. 5 108 

union high schools not divided into classes d. 6 

union high schools can not be dissolved d. 7-8 

Union high schools in counties of fourth and fifth classes 5972 108 

how organized d. 1-2 

District high school 5926 108 

district high school defined d. 1- 

branches in third class district d. 2-3 

High schools in general 109- 

tuition .d. 1-2 

rules .* d. 3 

HOLIDAYS AND SCHOOL YEAR— 

School year — month — week — day — national holidays 6013 110 

what constitutes a legal holiday d. 1-8 

teacher entitled to salary for legal holiday d. 9-17 

year d. 18-19 111 

time to hold organization d. 20-21 

hour's intermission .' d. 22 

Arbor Day Ill 

Holiday in schools— how observed 2943 111 

legal holiday d. 1-2 

146 



INDEX. 

KINDERGARTENS— Section Page 

Free kindergartens may be established— cost 5927 112 

certificates d. 1-6 

NORMAL INSTITUTES— 

Normal institutes— time and place— how determined 5996 113 

five per cent, credit for attendance d. 1-7 

session d- 8 

teacher not paid for attendance d. 9 

pay for services as conductor d. 10 

time and place of normal— how determined d. 11 114 

certificate not endorsed d. 12 

fees - d. 13 

meeting of committee — by whom called d. 14 

attendance of county superintendent at district normal 

not compulsory d. 15 

PUBLIC CONTRACTS— 

Officer not interested in contract 4994 115 

director not make contract with board d. 1-4 

school board let contract to husband of director d. 5 

PUBLIC SCHOOLS— 

Public school defined 6008 116 

what constitutes a public school... d. 1-4 

summer school d. 5 

School taught in English language— hygiene— Spanish— Ger- 
man — humane treatment to animals , 6010 116 

German — when taught d. 1-3 

certificates for special teachers d. 4 

Schools— open to whom 6009 117 

who entitled to privileges d. 1-4 

maintain organization d. 5-7 

directors' power d. 8-10 

vaccination authorized by county board of health d. 11 

electors vote to erect teacher's residence d. 12 118 

term lengthened by private subscription d. 13 

by private subscription ■ d. 14-15 

building — where situated d. 16 

Failure to maintain school for three months 5891 118 

maintain organization — entitled to fund d. 1-5 

held — where d. 6-8 

SCHOOL CENSUS— 

Census— school age 6014 120 

who included in census d. 1-12 

who excluded from d. 13-15 121 

apportion according to census d. 16 

classification of districts d. 17 

STATE BOARD OP EDUCATION- 

Grant diplomas— effect 5868 122 

grades — how applied d. 1-2 

certificates from other states d. 4 

normal Institute fund d. 5 

STATE NORMAL SCHOOL- 

Diploma license to teach— license annulled 6142 123 

registration of normal school diploma / d. 1 

No fee for diploma 6143 123 

no fee for registration d. 1 

147 



INDEX. 

Section Page 
STATE SUPERINTENDENT OP PUBLIC INSTRUCTION— 

Duties of superintendent 5873 124 

no right to compel county superintendent to grant , 

petition d. 1 

take no part in organizing districts d. 2-3 

in regard to special elections d. 4-5 

no power to compel county superintendent to turn over 

records and funds d. 6 

no power to remove members of district boards d. 7 

powers in regard to certificates d. 8-17 

Apportionment of scliool fund 5887 125 

two apportionments d. 1 

TEACHERS— 

Must have license — expiration — proviso 5990 126 

license— qualifications d. 1-7 

contract d. 8-26 

no compensation without license d. 27-31 128 

salary d. 32-51 

employment d. 52-58 129 

special subjects required d. 59-64 130 

dismissal d. 65-74 

expiration of certificate d. 74-77 131 

certificate — endorsement of d. 78 132 

authority over pupils d. 79 

pupils — admittance to grade d. 80 

janitor work not required of teachers d. 81 

married women may teach d. 82 

relatives of directors d. 83-84 

husband and wife teach in same school d. 85 

Teachers to keep register— statistics— blanks 5995 133 

forfeiture of salary upon failure to make report d. 1-4 

jurisdiction of teacher d. 5-12 

duties , d. 13-16 134 

special teacher d. 17 

directors' power over teacher and pupils d. 18 

dismissal d. 19 

physician's certificate not required d. 20 

unaccepted papers from another county , d. 21 

TRUANT schools- 
No religious instruction in school— religious training 5981 135 

directors determine use of Bible in school d. 1-2 



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